The third party, a court-appointed receiver, brought a motion to stay a third party claim commenced against it by the defendants.
The defendants sought contribution and indemnity, as well as unpaid professional fees.
The court granted the motion and stayed the third party claim, finding that the defendants failed to obtain leave of the court as required by the receivership order.
The court also found that the fee claim was barred by the limitation of liability provision in the receivership order and constituted an abuse of process because it was identical to a previous action that had been dismissed for delay.