The Defendants applied for a stay of the proceedings on the basis that their continuation was an abuse of the Court’s process following settlement of part of a substantial part of the claim. In particular, the defendants contended the proceedings would be an abuse if continued only to secure funds to pay the liquidators’ costs and any litigation funding premium. The application was dismissed.
Shane Doyle QC and Matthew Doyle (with Nick Derrington) appeared for the second and third plaintiffs, instructed by HWL Ebsworth.
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