PRACTICE AND PROCEDURE - application for proceedings to be heard together - where transactions common to both proceedings - where common issues of fact to be determined - where proceedings commenced three years apart - where first proceeding at an advanced stage
PRACTICE AND PROCEDURE - application for summary dismissal - whether proceeding an abuse of process - where proceeding commenced on eve of expiry of limitation period - where proceeding commenced in reliance on affidavits filed in related proceeding - whether commenced in breach of Harman undertaking - whether "special circumstances" exist to be relieved of undertaking - whether defendants would suffer irremediable prejudice - application dismissed
PRACTICE AND PROCEDURE - application for security for costs - where plaintiff company in liquidation - quantum
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