The plaintiff and defendant in a construction dispute entered into an agreement capping the plaintiff's damages to whatever the defendant could recover from the third party.
The fourth party appellant discovered the agreement months later and moved to dismiss the third and fourth party claims as an abuse of process.
The Court of Appeal held that while the agreement was not champertous, the failure to immediately disclose it to the other parties and the court constituted an abuse of process.
The appeal was allowed and the third and fourth party proceedings were stayed.
