Kiely v. Creative Labs (Ireland) Ltd. [2002] IESC 48 (19 June 2002)

Kiely v. Creative Labs (Ireland) Ltd. [2002] IESC 48 (19 June 2002)

The appeal was dismissed because the proceedings were a clear abuse of process, being repetitious litigation of matters already determined, and the plaintiff's grounds of appeal were unsustainable in law or fact.

Citation
[2002] IESC 48
Parties
Plaintiff/appellant: Maurice Kiely; First Defendant/respondent: Creative Labs (Ireland) Limited; Second Defendant/respondent: Szilvia Benkovszka
Jurisdiction
Ireland
Judgment Date
19 June 2002
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Order Striking Out Proceedings
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Vexatious Litigation, Slander, Restraint of Proceedings
Civil Procedure Defamation Employment Law Abuse of Process Vexatious Litigation Slander Restraint of Proceedings

Case Brief

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Parties

Maurice Kiely

Plaintiff/appellant

Creative Labs (Ireland) Limited

First Defendant/respondent

Szilvia Benkovszka

Second Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Order Striking Out Proceedings

Legal Issues

  1. 1 Whether the High Court was correct in striking out the plaintiff's proceedings as vexatious and an abuse of process
  2. 2 Whether the plaintiff was entitled to have his witnesses heard
  3. 3 Whether the absence of an affidavit from the second defendant was fatal to the defence

Ratio Decidendi

The appeal was dismissed because the proceedings were a clear abuse of process, being repetitious litigation of matters already determined, and the plaintiff's grounds of appeal were unsustainable in law or fact.

Court Disposition

Appeal dismissed

Orders

  • Plaintiff restrained from instituting legal proceedings of any nature against the defendants without leave of the High Court
  • High Court order affirmed