Slattery v Slattery (Approved) [2023] IECA 117 (12 May 2023)

Slattery v Slattery (Approved) [2023] IECA 117 (12 May 2023)

The application is refused because the issue of ownership of the lands in Folio 8714F has been conclusively and finally determined in previous proceedings. The applicant's claims are res judicata, and the proposed new proceedings would be vexatious and an abuse of process. No new or substantive issue is raised to justify granting leave under the Isaac Wunder order.

Citation
[2023] IECA 117
Parties
Plaintiff/appellant: Joseph Slattery; Defendant/respondent: Thomas Slattery
Jurisdiction
Ireland
Judgment Date
12 May 2023
Procedural Posture
Application for Leave to Issue Proceedings (subject to Isaac Wunder Order) / Court of Appeal, Single Judge Ruling on Application for Leave
Outcome
Application refused
Legal Topics
Isaac Wunder Order, Res Judicata, Abuse of Process, Injunction, Land Registration, Miscarriage of Justice
Civil Procedure Property Law Isaac Wunder Order Res Judicata Abuse of Process Injunction Land Registration Miscarriage of Justice

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Parties

Joseph Slattery

Plaintiff/appellant

Thomas Slattery

Defendant/respondent

Procedural Posture

Application for Leave to Issue Proceedings (subject to Isaac Wunder Order) / Court of Appeal, Single Judge Ruling on Application for Leave

Legal Issues

  1. 1 Whether leave should be granted to Joseph Slattery to issue further proceedings against Thomas Slattery regarding lands at Lahinch, County Clare, in light of previous litigation and an Isaac Wunder order
  2. 2 Whether the application raises any new or substantive issues justifying further proceedings

Ratio Decidendi

The application is refused because the issue of ownership of the lands in Folio 8714F has been conclusively and finally determined in previous proceedings. The applicant's claims are res judicata, and the proposed new proceedings would be vexatious and an abuse of process. No new or substantive issue is raised to justify granting leave under the Isaac Wunder order.

Court Disposition

Application refused

Orders

  • Refusal of leave to issue further proceedings against Thomas Slattery regarding the lands at Lahinch, County Clare
  • Refusal of request for transcript of Court of Appeal hearing