Carthy v Ireland & Ors (Approved) [2023] IEHC 508 (15 August 2023)

Carthy v Ireland & Ors (Approved) [2023] IEHC 508 (15 August 2023)

The plaintiff’s statement of claim discloses no stateable cause of action against the State Defendants; any alleged fraud relating to the valuation certificate does not go to the root of the case and is immaterial to the Circuit Court’s jurisdiction, which existed independently; the proceedings constitute an impermissible collateral attack on final court orders and are frivolous, vexatious, and bound to fail.

Citation
[2023] IEHC 508
Parties
Plaintiff: Eamon Carthy; Defendant: Ireland; Defendant: The Attorney General; Defendant: Bank of Ireland Mortgage Bank; Defendant: Bank of Ireland Mortgages Bank Unlimited Company; Defendant: Fieldfisher Solicitors; Defendant: Whitney Moore Solicitors; Defendant: Brendan Robbins
Jurisdiction
Ireland
Judgment Date
15 August 2023
Procedural Posture
Strike Out Application / High Court Judgment
Outcome
Plaintiff’s proceedings against the State Defendants dismissed.
Legal Topics
Strike Out Proceedings, Jurisdiction, Fraud, Abuse of Process, Collateral Attack, Res Judicata
Civil Procedure Property Law Constitutional Law Strike Out Proceedings Jurisdiction Fraud Abuse of Process Collateral Attack +1 more

Case Brief

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Parties

Eamon Carthy

Plaintiff

Ireland

Defendant

The Attorney General

Defendant

Bank of Ireland Mortgage Bank

Defendant

Bank of Ireland Mortgages Bank Unlimited Company

Defendant

Fieldfisher Solicitors

Defendant

Whitney Moore Solicitors

Defendant

Brendan Robbins

Defendant

Procedural Posture

Strike Out Application / High Court Judgment

Legal Issues

  1. 1 Whether the plaintiff has any cause of action against the State Defendants arising from the seventh named defendant’s signature on the valuation certificate dated 2 November 2015
  2. 2 Whether the plaintiff has any other cause of action against the State Defendants arising from the hearing and determination of the Circuit Court Proceedings or relating to the Possession Order
  3. 3 Whether the proceedings should be dismissed pursuant to O. 19, r. 28 as being proceedings that are frivolous, vexatious and/or bound to fail

Ratio Decidendi

The plaintiff’s statement of claim discloses no stateable cause of action against the State Defendants; any alleged fraud relating to the valuation certificate does not go to the root of the case and is immaterial to the Circuit Court’s jurisdiction, which existed independently; the proceedings constitute an impermissible collateral attack on final court orders and are frivolous, vexatious, and bound to fail.

Court Disposition

Plaintiff’s proceedings against the State Defendants dismissed.

Orders

  • Order to dismiss proceedings under O. 19, r. 28 and inherent jurisdiction as frivolous, vexatious, and bound to fail.
  • Order striking out plaintiff’s claim against State Defendants as abuse of process.