Trafalgar Development Ltd. & Ors v Mazepin & Ors [2019] IECA 218 (18 July 2019)

Trafalgar Development Ltd. & Ors v Mazepin & Ors [2019] IECA 218 (18 July 2019)

The appellants failed to adduce admissible and receivable evidence to incontrovertibly prove their case for striking out the proceedings. The authenticity and provenance of the documents relied upon were not established, and the issues raised are properly matters for trial. The High Court correctly applied the legal principles governing strike out applications and the admissibility of evidence. The appeal is dismissed.

Citation
[2019] IECA 218
Parties
Appellants / Defendants: Eurotoaz Limited and Mr. Babichev; Respondents / Plaintiffs: Plaintiffs (unnamed Caribbean companies)
Jurisdiction
Ireland
Judgment Date
18 July 2019
Procedural Posture
Civil Appeal / Appeal From High Court Refusal to Dismiss Proceedings
Outcome
Appeal dismissed
Legal Topics
Strike Out Applications, Conspiracy, Abuse of Process, Admissibility of Evidence, Jurisdiction, Foreign Law
Civil Procedure Tort Law Evidence Strike Out Applications Conspiracy Abuse of Process Admissibility of Evidence Jurisdiction +1 more

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Parties

Eurotoaz Limited and Mr. Babichev

Appellants / Defendants

Plaintiffs (unnamed Caribbean companies)

Respondents / Plaintiffs

Procedural Posture

Civil Appeal / Appeal From High Court Refusal to Dismiss Proceedings

Legal Issues

  1. 1 Whether the plaintiffs' claim against Eurotoaz Limited and Mr. Babichev is bound to fail and should be struck out as frivolous, vexatious, or an abuse of process; Whether the documentary evidence relied upon by the appellants is admissible and sufficient to defeat the plaintiffs' claim; Whether the High Court correctly applied the legal principles governing strike out applications and the admissibility of evidence.

Ratio Decidendi

The appellants failed to adduce admissible and receivable evidence to incontrovertibly prove their case for striking out the proceedings. The authenticity and provenance of the documents relied upon were not established, and the issues raised are properly matters for trial. The High Court correctly applied the legal principles governing strike out applications and the admissibility of evidence. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The proceedings against Eurotoaz Limited and Mr. Babichev are not struck out.