The Irish Aviation Authority & Anor v Monks & Anor [2019] IECA 309_1 (17 December 2019)

The Irish Aviation Authority & Anor v Monks & Anor [2019] IECA 309_1 (17 December 2019)

The Isaac Wunder order was justified and appropriately tailored given the appellant's history of vexatious litigation and abuse of process; the judge was well-positioned to make the order based on familiarity with prior proceedings and settlement.

Citation
[2019] IECA 309_1
Parties
Plaintiff/respondent: UDARAS EITLIOCHTA NA hEIREANN THE IRISH AVIATION AUTHORITY; Plaintiff/respondent: DAA PUBLIC LIMITED COMPANY; Defendant/appellant: GERARD MONKS; Defendant/appellant: MARK MONKS
Jurisdiction
Ireland
Judgment Date
17 December 2019
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Isaac Wunder Jurisdiction, Abuse of Process, Access to Courts, Vexatious Litigation
Civil Procedure Constitutional Law Isaac Wunder Jurisdiction Abuse of Process Access to Courts Vexatious Litigation

Case Brief

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Parties

UDARAS EITLIOCHTA NA hEIREANN THE IRISH AVIATION AUTHORITY

Plaintiff/respondent

DAA PUBLIC LIMITED COMPANY

Plaintiff/respondent

GERARD MONKS

Defendant/appellant

MARK MONKS

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Isaac Wunder order was appropriately made and tailored
  2. 2 Whether the restriction on access to courts was proportionate and necessary
  3. 3 Whether the proceedings were vexatious and an abuse of process

Ratio Decidendi

The Isaac Wunder order was justified and appropriately tailored given the appellant's history of vexatious litigation and abuse of process; the judge was well-positioned to make the order based on familiarity with prior proceedings and settlement.

Court Disposition

appeal dismissed

Orders

  • Isaac Wunder order upheld and tailored to encompass all lands subject to proceedings
  • Appellant may seek leave from High Court to institute proceedings if he can formulate an arguable claim