Matters borrower wished to raise in cross-examination did not relate to issues of fact between parties

Conor O'Higgins BL

March 12, 2018

High Court, in proceedings for possession of mortgaged property, directs that a borrower's notice to cross-examine a bank employee be set-aside, on the grounds that: (a) it was defective in form; and (b) the matters which the borrower wished to raise in cross-examination did not relate to issues of fact between the parties, but instead are either scandalous, frivolous and vexatious, or more closely resemble legal submission and argument.

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