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Judgment: The wife applied to strike out the husband's claim for damages in respect of deceit. She had misled him into thinking that he was the biological father of their child. Cohen J's view was that the tort of deceit could exist between husband and wife, but he did not make a concluded finding on that issue. He was of the clear view that there were no reasonable grounds for bringing the claim, and, given that financial remedy proceedings were ongoing, it was an abuse of the court's process. The deceit proceedings were struck out.

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