Introduction

[1] This is an application (Encl 5) by the respondent to strike out the appellant's Notice of Appeal dated 22 October 2021 pursuant to s 67 of the Courts of Judicature Act 1972 , rr 5, 27, 28, 48, 69 and 105 of the Rules of the of Appeal 1994.

[2] For ease of reference, the parties hereto shall be referred to as if they were in the High Court. The respondent as the plaintiff and the appellant as the defendant.

[3] The plaintiff filed encl 5 to strike out the appellant's appeal on the following grounds;

i. The defendant was not entitled to appeal the Tranche 1 Determination by reason of the Consent Order dated 4 December 2020;

ii. By filing an appeal against the Court's decision on the 1st Tranche, the defendant had wilfully acted in breach of the Consent Order and had thus acted in abuse of process;

iii. The Tranche