CIVIL PROCEDURE — where third defendant seeks verification of amounts expended by plaintiff in preparing the properties for judicial sale — where money in dispute is not significant — where fraud now alleged but not pleaded — where third defendant remains liable for unpaid costs of the plaintiff
Quick Take
1A motion seeking detailed accounting and verification of sale expenses may be dismissed as disproportionate and contrary to the overriding purpose under ss 56-58 of the Civil Procedure Act where the amounts in dispute are trivial relative to the costs of the litigation and existing unpaid costs orders against the moving party.
2Serious allegations of fraud raised for the first time in oral submissions, without being pleaded, particularised, or supported by any affidavit from the party making the allegations, will not be entertained by the court as a basis for further interlocutory relief.
3A beneficiary of unsatisfied costs orders may point to the moving party's status as a recalcitrant costs debtor as a factor weighing against the grant of further interlocutory relief at that party's suit.
