McCann & Anor v McManus & Ors (Unapproved) [2024] IECA 40 (21 February 2024)

McCann & Anor v McManus & Ors (Unapproved) [2024] IECA 40 (21 February 2024)

The statement of claim does not disclose a reasonable cause of action against the third defendant. There is no recognised tort of inducement of breach of trust in Irish law. The pleadings and evidence do not establish that the third defendant had actual or constructive notice of the alleged trust or received trust property in circumstances giving rise to liability as a constructive trustee or for knowing receipt. The proceedings against the third defendant are bound to fail and were properly struck out.

Citation
[2024] IECA 40
Parties
Plaintiff/appellant: Shannen McCann; Plaintiff/appellant: Tara McCann; Defendant: Coilin McManus; Defendant: Kathleen McManus; Defendant/respondent: Simon Wagner
Jurisdiction
Ireland
Judgment Date
21 February 2024
Procedural Posture
Civil Appeal / Appeal From High Court Order Striking Out Proceedings Against Third Defendant
Outcome
Appeal dismissed; High Court order striking out proceedings against third defendant affirmed.
Legal Topics
Strike Out Applications, Constructive Trusts, Knowing Receipt, Inducement of Breach of Trust, Jurisdiction, Summary Disposal
Equity Trusts Civil Procedure Strike Out Applications Constructive Trusts Knowing Receipt Inducement of Breach of Trust Jurisdiction +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Shannen McCann

Plaintiff/appellant

Tara McCann

Plaintiff/appellant

Coilin McManus

Defendant

Kathleen McManus

Defendant

Simon Wagner

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order Striking Out Proceedings Against Third Defendant

Legal Issues

  1. 1 Whether the statement of claim discloses a reasonable cause of action against the third defendant (Simon Wagner)
  2. 2 Whether Irish law recognises a tort of inducement of breach of trust
  3. 3 Whether the third defendant had actual or constructive notice of the alleged trust and is liable as a constructive trustee or for knowing receipt

Ratio Decidendi

The statement of claim does not disclose a reasonable cause of action against the third defendant. There is no recognised tort of inducement of breach of trust in Irish law. The pleadings and evidence do not establish that the third defendant had actual or constructive notice of the alleged trust or received trust property in circumstances giving rise to liability as a constructive trustee or for knowing receipt. The proceedings against the third defendant are bound to fail and were properly struck out.

Court Disposition

Appeal dismissed; High Court order striking out proceedings against third defendant affirmed.

Orders

  • Proceedings against Simon Wagner struck out.
  • All reliefs against Simon Wagner deleted from plenary summons and statement of claim.