O'Connor -v- Cotter & Anor [2017] IECA 25 (10 February 2017)

O'Connor -v- Cotter & Anor [2017] IECA 25 (10 February 2017)

The 2015 proceedings were an abuse of process because the appellant sought to challenge the validity of the appointment of the receivers on grounds that could and should have been raised in the 2012 proceedings. The trial judge was correct to dismiss the proceedings under the rule in Henderson v. Henderson, as mitigated by Johnson v. Gore Wood.

Citation
[2017] IECA 25
Parties
Plaintiff/appellant: Patrick O’Connor; Defendants/respondents: Michael Cotter and Luke Charleton trading as Ernst and Young
Jurisdiction
Ireland
Judgment Date
10 February 2017
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Dismissing Proceedings
Outcome
appeal dismissed
Legal Topics
Abuse of Process, Res Judicata, Henderson V. Henderson Rule, Appointment of Receivers, Finality in Litigation
Civil Procedure Abuse of Process Res Judicata Henderson V. Henderson Rule Appointment of Receivers Finality in Litigation

Case Brief

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Parties

Patrick O’Connor

Plaintiff/appellant

Michael Cotter and Luke Charleton trading as Ernst and Young

Defendants/respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Dismissing Proceedings

Legal Issues

  1. 1 Whether the 2015 proceedings constituted an abuse of process under the rule in Henderson v. Henderson
  2. 2 Whether the challenge to the validity of the appointment of receivers could be re-litigated after the 2012 proceedings

Ratio Decidendi

The 2015 proceedings were an abuse of process because the appellant sought to challenge the validity of the appointment of the receivers on grounds that could and should have been raised in the 2012 proceedings. The trial judge was correct to dismiss the proceedings under the rule in Henderson v. Henderson, as mitigated by Johnson v. Gore Wood.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.