Darjojn Developments Ltd (In Liquidation) -v- Irish Bank Resolution Corporation Ltd & anor [2016] IEHC 535 (03 October 2016)

Darjojn Developments Ltd (In Liquidation) -v- Irish Bank Resolution Corporation Ltd & anor [2016] IEHC 535 (03 October 2016)

The failure to serve the summons was a deliberate decision based on the liquidator's belief that pursuing the proceedings was not worthwhile; this does not constitute 'good reason' under Order 8, and renewal must be refused.

Citation
[2016] IEHC 535
Parties
Plaintiff: Darjohn Developments Limited (In Liquidation); First Defendant: Irish Bank Resolution Corporation Limited (formerly Anglo Irish Bank Corporation Limited); Second Defendant: The Governor and Company of the Bank of Ireland
Jurisdiction
Ireland
Judgment Date
03 October 2016
Procedural Posture
Application to Renew Plenary Summons and Lift Statutory Stay / High Court Judgment on Application
Outcome
Application refused
Legal Topics
Renewal of Summons, Statute of Limitations, Stay of Proceedings, Conversion of Cheque, Delay in Prosecution
Civil Procedure Banking Law Renewal of Summons Statute of Limitations Stay of Proceedings Conversion of Cheque Delay in Prosecution

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Parties

Darjohn Developments Limited (In Liquidation)

Plaintiff

Irish Bank Resolution Corporation Limited (formerly Anglo Irish Bank Corporation Limited)

First Defendant

The Governor and Company of the Bank of Ireland

Second Defendant

Procedural Posture

Application to Renew Plenary Summons and Lift Statutory Stay / High Court Judgment on Application

Legal Issues

  1. 1 Whether the plaintiff has shown 'good reason' for renewal of the plenary summons under Order 8 of the Rules of the Superior Courts
  2. 2 Whether the stay on proceedings against IBRC should be lifted under the Irish Bank Resolution Corporation Act 2013

Ratio Decidendi

The failure to serve the summons was a deliberate decision based on the liquidator's belief that pursuing the proceedings was not worthwhile; this does not constitute 'good reason' under Order 8, and renewal must be refused.

Court Disposition

Application refused

Orders

  • Refusal to renew the plenary summons
  • No order lifting the statutory stay on proceedings against IBRC