Tyree v Ward

The applicants, Tyree, sought leave to further amend their statement of claim in a case against Ward. The applicants sought to amend the statement of claim for the third time, following the dismissal of their claims as failing to identify an arguable cause of action on two previous occasions. The dispute centred around a will and various other agreements and representations. Ward applied to dismiss the proceedings, arguing that the applicants had made numerous attempts to identify a cause of action but had been unsuccessful.

The court needed to decide whether the applicants had an arguable cause of action that could withstand a motion to dismiss, and whether there was an arguable breach of any of the agreements relied upon by the applicants. The applicants argued that they had identified an arguable cause of action in unjust enrichment and sought leave to amend their statement of claim for a third time. The court considered whether the applicants' claims were vexatious, an abuse of process, and whether the proposed amendments would be futile.

The court held that the applicants had not identified an arguable cause of action, and that any proposed amendments would be futile. The court noted that the applicants had made numerous attempts to identify a cause of action, but had been unsuccessful on each occasion. The court found that the applicants' claims were vexatious, and an abuse of process. The court refused the application for leave to further amend the statement of claim, and dismissed the proceedings save as to the claim under the Succession Act.