Bussoleno Ltd -v- Kelly & Ors [2011] IEHC 220 (31 May 2011)

Bussoleno Ltd -v- Kelly & Ors [2011] IEHC 220 (31 May 2011)

The only arguable defence to enforcement is that the Floridian judgment was obtained by fraud (non-disclosure of beneficial ownership by Bussoleno), which requires plenary hearing; all other defences (lack of finality, public policy, identity of plaintiff) are not supported by credible evidence or law. Leave to...

Source-derived case information.

Citation
[2011] IEHC 220
Parties
Plaintiff: Bussoleno Limited; Defendant: Patrick Kelly; Defendant: John McCabe; Defendant: John Walsh
Jurisdiction
Ireland
Judgment Date
31 May 2011
Procedural Posture
Commercial Summary Judgment Application (enforcement of Foreign Judgment) / High Court Judgment on Summary Judgment Application
Outcome
Leave to defend granted to McCabe and Walsh on the ground of alleged fraud only; case adjourned for plenary hearing; directions to be given; order for Mr. Kelly to be determined.
Legal Topics
Enforcement of Foreign Judgments, Summary Judgment, Fraud as a Defence to Enforcement, Public Policy in Recognition of Foreign Judgments, Fiduciary Duties, Estoppel and Abuse of Process
Conflict of Laws Commercial Law Civil Procedure Enforcement of Foreign Judgments Summary Judgment Fraud as a Defence to Enforcement Public Policy in Recognition of Foreign Judgments Fiduciary Duties +1 more

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Parties

Bussoleno Limited

Plaintiff

Patrick Kelly

Defendant

John McCabe

Defendant

John Walsh

Defendant

Procedural Posture

Commercial Summary Judgment Application (enforcement of Foreign Judgment) / High Court Judgment on Summary Judgment Application

Legal Issues

  1. 1 Whether the Floridian judgment is final and conclusive and enforceable in Ireland under common law rules
  2. 2 Whether the plaintiff is the proper party entitled to enforce the Floridian judgment
  3. 3 Whether enforcement would be contrary to public policy due to alleged exposure to US tax law sanctions

Ratio Decidendi

The only arguable defence to enforcement is that the Floridian judgment was obtained by fraud (non-disclosure of beneficial ownership by Bussoleno), which requires plenary hearing; all other defences (lack of finality, public policy, identity of plaintiff) are not supported by credible evidence or law. Leave to defend is granted to McCabe and Walsh on the fraud ground only; summary judgment is refused.

Court Disposition

Leave to defend granted to McCabe and Walsh on the ground of alleged fraud only; case adjourned for plenary hearing; directions to be given; order for Mr. Kelly to be determined.

Orders

  • Leave to defend granted to McCabe and Walsh on the ground of alleged fraud in procurement of the mediated settlement and Floridian judgment.
  • Case adjourned for plenary hearing.