AMP Life Ltd (applicant/defendant) and Mr Goldsmith & Ms Tippett (respondents/plaintiffs) have been involved in a series of disputes involving lease agreements entered into over a decade ago. The first claim arising from that dispute was dismissed by the District Court. A second claim (seeking different relief) was summarily dismissed by the Supreme Court. The respondents subsequently then filed another claim in the Supreme Court, materially similar to the previous one. Appearing for AMP, David argued that the new proceeding should be permanently stayed on the grounds that it was an abuse of process. The Court made that order. The respondents were also ordered to pay the Defendant’s costs of the proceeding on an indemnity basis.
David Chesterman KC appeared for the applicant/defendant, instructed by Norton Rose Fulbright.
The judgment is published here.
