O'Connor v Property Registration Authority Of Ireland & Ors (Approved) [2024] IECA 264 (05 November 2024)
An appeal against a refusal of leave to institute proceedings by a party subject to an Issac Wunder order cannot be maintained without the leave of the High Court; bringing such an appeal without leave is itself an abuse of process and must be dismissed.
- Citation
- [2024] IECA 264
- Parties
- Plaintiff/appellant: Patrick O'Connor; Defendant/respondent: Property Registration Authority of Ireland
- Jurisdiction
- Ireland
- Judgment Date
- 05 November 2024
- Procedural Posture
- Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Issac Wunder Order, Litigation Restraint, Abuse of Process, Leave to Institute Proceedings, Appeal Without Leave
Case Brief
Summary, issues, holding and outcome
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Parties
Patrick O'Connor
Plaintiff/appellant
Property Registration Authority of Ireland
Defendant/respondent
Procedural Posture
Appeal / Judgment on Appeal
Legal Issues
- 1 Whether an appellant subject to an Issac Wunder order may appeal a refusal of leave to institute proceedings without leave of the High Court
- 2 Whether the proposed proceedings constitute an abuse of process
Ratio Decidendi
An appeal against a refusal of leave to institute proceedings by a party subject to an Issac Wunder order cannot be maintained without the leave of the High Court; bringing such an appeal without leave is itself an abuse of process and must be dismissed.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed for want of leave from the High Court
- Confirmation that the proposed proceedings are an abuse of process
Full Case Text
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