Bula Limited (In receivership) & ors -v- Crowley & ors [2009] IESC 35 (03 April 2009)

Bula Limited (In receivership) & ors -v- Crowley & ors [2009] IESC 35 (03 April 2009)

The proceedings were an abuse of process as they sought to re-litigate issues already determined or which could have been determined in prior proceedings, particularly the s.316 application. The principle of res judicata applied. The appellants had a fair opportunity to raise all relevant issues previously. An Isaac Wunder order restraining further proceedings without leave was justified given the history of repetitive and oppressive litigation.

Citation
[2009] IESC 35
Parties
Plaintiff/appellant: Bula Limited (In receivership); Plaintiff/appellant: Bula Holdings; Plaintiff/appellant: Richard Wood; Plaintiff/appellant: Michael Wymes; Defendant/respondent: Laurence Crowley; Defendant/respondent: KPMG (A Firm); Defendant/respondent: Tara Mines Limited; Defendant/respondent: Outokumpu Oy; Defendant/respondent: Northern Bank Finance Corporation; Defendant/respondent: Ulster Investment Bank Limited; Defendant/respondent: Allied Irish Investment Bank Limited; Defendant/respondent: Navan Mining Public Limited Company
Jurisdiction
Ireland
Judgment Date
03 April 2009
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court Order Dismissing Proceedings as Abuse of Process
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Abuse of Process, Res Judicata, Receiver's Duties, Isaac Wunder Order, Sale of Assets in Receivership
Civil Procedure Company Law Abuse of Process Res Judicata Receiver's Duties Isaac Wunder Order Sale of Assets in Receivership

Case Brief

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Parties

Bula Limited (In receivership)

Plaintiff/appellant

Bula Holdings

Plaintiff/appellant

Richard Wood

Plaintiff/appellant

Michael Wymes

Plaintiff/appellant

Laurence Crowley

Defendant/respondent

KPMG (A Firm)

Defendant/respondent

Tara Mines Limited

Defendant/respondent

Outokumpu Oy

Defendant/respondent

Northern Bank Finance Corporation

Defendant/respondent

Ulster Investment Bank Limited

Defendant/respondent

Allied Irish Investment Bank Limited

Defendant/respondent

Navan Mining Public Limited Company

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court Order Dismissing Proceedings as Abuse of Process

Legal Issues

  1. 1 Whether the proceedings constituted an abuse of process
  2. 2 Whether the claims were res judicata due to prior litigation, including s.316 application
  3. 3 Whether an Isaac Wunder order restraining further proceedings was appropriate

Ratio Decidendi

The proceedings were an abuse of process as they sought to re-litigate issues already determined or which could have been determined in prior proceedings, particularly the s.316 application. The principle of res judicata applied. The appellants had a fair opportunity to raise all relevant issues previously. An Isaac Wunder order restraining further proceedings without leave was justified given the history of repetitive and oppressive litigation.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Proceedings dismissed as abuse of process
  • Appellants restrained from instituting further proceedings against specified defendants without prior leave of the High Court (Isaac Wunder order)