Villinger Group Ltd v Redmond

Villinger Group Ltd sought to recover amounts advanced under mortgage transactions against the first defendant, who had made certain representations to the plaintiff, and also against a third defendant, who was alleged to be a knowing party to the first defendant's breach of contract, negligence and breach of fiduciary duty. The first and third defendants sought leave to file third party notices in relation to the claims against them. The third defendants argued that they should be permitted to bring a third party claim against a financial institution that was allegedly responsible for the conduct that gave rise to the plaintiff's claims. The primary issue before the court was whether the delay in bringing the application for leave to file the third party notices should prevent the granting of leave.

The court held that the delay was significant and that the third defendants had not demonstrated any exceptional circumstances that would justify the delay. The court also found that the third party proceedings would not be in the interest of justice, as they would cause substantial inconvenience and expense to the plaintiff. The court concluded that the application for leave to file third party notices should be dismissed with costs.

The court ordered that the application for leave to file third party notices be dismissed with costs. The court found that the delay in bringing the application was significant and that the third defendants had not demonstrated any exceptional circumstances that would justify the delay. The court also found that the third party proceedings would not be in the interest of justice, as they would cause substantial inconvenience and expense to the plaintiff.