A prior authoritative judicial finding that a company's claims lack substance is a matter of substance in determining whether continuation of proceedings by the company in liquidation would be an abuse of process, even where the prior decision does not give rise to res judicata or issue estoppel. An applicant seeking to continue proceedings in the name of a company in liquidation must demonstrate an arguable case, and the court will consider the liquidator's attitude, conflict of interest, the applicant's resources, and compliance with court undertakings.
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