20 Sept 2012
TAYLOR JADE SCHMIDT, ANTHONY MIKHAL SCHMIDT V EBADA PROPERTY INVESTMENTS LIMITED, B P GARRITY AND R N HAIR HC AK CIV 2012-404-001793
- Citation
- openlaw-5a9f1bce_7d4b_40bb_8e5b_af33da91cda9.pdf
- Court
- High Court
The present statement of claim is a virtual replication of an earlier proceeding that had been considered and dismissed in material respects; nothing material or new has been pleaded that would allow the plaintiffs to circumvent the protection afforded to the registered purchaser by s 182 LTA or to establish a viable claim against Hair; accordingly the claims against Hair are irreparable and struck out, and the refiled proceeding is an abuse of process as against Ebada and Garrity and is struck out (claims against Ebada and Garrity remain in the earlier proceeding).