The respondents brought a motion to dismiss the applicant's amended application as frivolous, vexatious, or an abuse of process, arguing the applicant lacked legal capacity after assigning its rights in a real estate purchase agreement to a third party.
The court found that based on the related agreements, the applicant retained the right to sue the respondents regarding a dispute over the property's net area and purchase price.
The motion to dismiss was denied, and the applicant was awarded costs.
