O'Reilly McCabe -v- Minister for Justice & Ors [2006] IEHC 208 (29 June 2006)

O'Reilly McCabe -v- Minister for Justice & Ors [2006] IEHC 208 (29 June 2006)

The plaintiff's claim is unsustainable and bound to fail as there is no evidence that Thomas McCabe was a ward of court; the facts are not reasonably disputable and have been determined in previous proceedings. The claim is frivolous, vexatious, statute barred, and an abuse of process. No evidence of fraudulent concealment or criminal activity was established.

Citation
[2006] IEHC 208
Parties
Plaintiff: Carmel Rose O'Reilly McCabe; First Named Defendant: Minister for Justice; Second Named Defendant: Patrick Cusack Smith and Company
Jurisdiction
Ireland
Judgment Date
29 June 2006
Procedural Posture
Plenary Proceedings / Interlocutory Motions to Strike Out and for Discovery
Outcome
Plaintiff's claim struck out; defendants' motions granted; plaintiff's motion refused.
Legal Topics
Abuse of Process, Statute of Limitations, Negligence, Duty of Care, Wardship, Family Home Protection Act, Fraudulent Concealment, Discovery, Nullity of Marriage
Civil Procedure Family Law Property Law Tort Law Abuse of Process Statute of Limitations Negligence Duty of Care +5 more

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Parties

Carmel Rose O'Reilly McCabe

Plaintiff

Minister for Justice

First Named Defendant

Patrick Cusack Smith and Company

Second Named Defendant

Procedural Posture

Plenary Proceedings / Interlocutory Motions to Strike Out and for Discovery

Legal Issues

  1. 1 Whether the plaintiff's claim discloses a reasonable cause of action
  2. 2 Whether the proceedings are vexatious or an abuse of process
  3. 3 Whether the plaintiff's claim is statute barred

Ratio Decidendi

The plaintiff's claim is unsustainable and bound to fail as there is no evidence that Thomas McCabe was a ward of court; the facts are not reasonably disputable and have been determined in previous proceedings. The claim is frivolous, vexatious, statute barred, and an abuse of process. No evidence of fraudulent concealment or criminal activity was established.

Court Disposition

Plaintiff's claim struck out; defendants' motions granted; plaintiff's motion refused.

Orders

  • Action dismissed as disclosing no reasonable cause of action
  • Defences not struck out for alleged discovery failure