Murray, George and Murray, Karin v Petros, Sam

Case Number: 
2013CD00116
Neutral Citation: 
[2014] JMCC Comm. 6
Date of Delivery: 
30.07.2014

Application to strike out  - Whether claim frivolous, vexatious and an abuse of the process of the court - Whether any reasonable grounds for bringing the claim - Parties in previous litigation - Claim compromised and agreement attached in schedule to Tomlin Order filed in court – Terms varied by the parties - Court refused to exercise summary jurisdiction to enforce Tomlin Order - Whether current claim an attempt to enforce original agreement - Whether claim sustainable to prosecute new agreement as varied.

 

Summary judgment - Whether reasonable prospect of success on agreement as varied - Whether there was a breach of contract - Whether court should grant summary judgment on the claim.

 

Practice and procedure - Proper procedure to bring claim under section 213a of Companies Act -  Whether claim must commence by fixed date claim form - Whether claim form an irregularity.

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