Ryan -v- South Eastern Cattle Breeders Society Ltd & Ors [2012] IEHC 513 (07 November 2012)

Ryan -v- South Eastern Cattle Breeders Society Ltd & Ors [2012] IEHC 513 (07 November 2012)

Plaintiff's proceedings are not frivolous or vexatious and disclose a reasonable cause of action. Trustees have not demonstrated compliance with statutory obligations regarding funding and preserved benefits. Pleadings, though containing some evidence, adequately define issues and do not require excision.

Citation
[2012] IEHC 513
Parties
Plaintiff/respondent: Paul Ryan; First Named Defendant: South Eastern Cattle Breeders Society Limited; Second Named Defendant/applicant: Ger Ryan; Third Named Defendant/applicant: Tom Nolan; Fourth Named Defendant/applicant: Anne Murray; Fifth Named Defendant/applicant: Roger Kennedy; Sixth Named Defendant/applicant: Tom Heffernan; Seventh Named Defendant/applicant: Padraig Collins
Jurisdiction
Ireland
Judgment Date
07 November 2012
Procedural Posture
High Court Civil Proceedings / Interlocutory Application to Dismiss for No Reasonable Cause of Action/frivolous and Vexatious
Outcome
Application to dismiss proceedings refused. Application to strike out pleadings refused.
Legal Topics
Defined Benefit Pension Scheme, Trustee Duties, Early Retirement, Scheme Insolvency, Pensions Ombudsman, Employer Obligations, Preserved Benefits, Pleadings
Pensions Trusts Employment Contract Defined Benefit Pension Scheme Trustee Duties Early Retirement Scheme Insolvency +4 more

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Parties

Paul Ryan

Plaintiff/respondent

South Eastern Cattle Breeders Society Limited

First Named Defendant

Ger Ryan

Second Named Defendant/applicant

Tom Nolan

Third Named Defendant/applicant

Anne Murray

Fourth Named Defendant/applicant

Roger Kennedy

Fifth Named Defendant/applicant

Tom Heffernan

Sixth Named Defendant/applicant

Padraig Collins

Seventh Named Defendant/applicant

Procedural Posture

High Court Civil Proceedings / Interlocutory Application to Dismiss for No Reasonable Cause of Action/frivolous and Vexatious

Legal Issues

  1. 1 Whether the plaintiff's proceedings disclose a reasonable cause of action against the trustees
  2. 2 Whether the proceedings are frivolous and vexatious
  3. 3 Whether certain pleadings should be struck out as recitals of evidence

Ratio Decidendi

Plaintiff's proceedings are not frivolous or vexatious and disclose a reasonable cause of action. Trustees have not demonstrated compliance with statutory obligations regarding funding and preserved benefits. Pleadings, though containing some evidence, adequately define issues and do not require excision.

Court Disposition

Application to dismiss proceedings refused. Application to strike out pleadings refused.

Orders

  • Proceedings to continue against trustees.
  • No paragraphs of statement of claim struck out.