Cunniffe & Anor v Whyte & Anor (Approved) [2022] IECA 272 (30 November 2022)

Cunniffe & Anor v Whyte & Anor (Approved) [2022] IECA 272 (30 November 2022)

Plaintiff's claims are statute barred as limitation periods expired long before proceedings commenced; no substantiated fraud or fraudulent concealment to postpone limitation; alleged promise regarding family home not sufficiently pleaded or proven; discovery not warranted where claims are statute barred.

Citation
[2022] IECA 272
Parties
Plaintiff/appellant: Catriona Cunniffe; Defendant/respondent: Michael Cunniffe; Defendant/respondent: Martina Whyte
Jurisdiction
Ireland
Judgment Date
30 November 2022
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Dismissing Action as Statute Barred
Outcome
Appeal dismissed; High Court orders affirmed.
Legal Topics
Statute of Limitations, Fraudulent Concealment, Family Settlement, Promissory Estoppel, Discovery, Personal Injury
Succession Law Civil Procedure Statute of Limitations Fraudulent Concealment Family Settlement Promissory Estoppel Discovery Personal Injury

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Parties

Catriona Cunniffe

Plaintiff/appellant

Michael Cunniffe

Defendant/respondent

Martina Whyte

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Dismissing Action as Statute Barred

Legal Issues

  1. 1 Whether plaintiff's claims arising from administration of deceased's estate are statute barred
  2. 2 Whether alleged fraud or fraudulent concealment postpones limitation period under s.71 Statute of Limitations, 1957
  3. 3 Whether plaintiff entitled to discovery prior to determination of motions to dismiss

Ratio Decidendi

Plaintiff's claims are statute barred as limitation periods expired long before proceedings commenced; no substantiated fraud or fraudulent concealment to postpone limitation; alleged promise regarding family home not sufficiently pleaded or proven; discovery not warranted where claims are statute barred.

Court Disposition

Appeal dismissed; High Court orders affirmed.

Orders

  • Plaintiff's action dismissed as statute barred.
  • No entitlement to discovery.