Carthy v Ireland & Ors (Approved) [2024] IEHC 490 (31 July 2024)

Carthy v Ireland & Ors (Approved) [2024] IEHC 490 (31 July 2024)

The plaintiff's claim is an impermissible collateral attack on final and binding decisions of the Circuit Court and High Court, raising issues that were or could have been litigated previously. Allegations of fraud were already ventilated and rejected in prior proceedings. The pleadings disclose no reasonable cause of action, are frivolous, vexatious, bound to fail, and constitute an abuse of process. No amendment could cure these defects.

Citation
[2024] IEHC 490
Parties
Plaintiff: Eamon Carthy; Defendant: Ireland and Attorney General; Defendant: Bank of Ireland Mortgage Bank; Defendant: Bank of Ireland Mortgages Bank Unlimited Company; Defendant: Fieldfisher Ireland Solicitors; Defendant: Whitney Moore Solicitors; Defendant: Brendan Robbins
Jurisdiction
Ireland
Judgment Date
31 July 2024
Procedural Posture
Application to Dismiss Claim / High Court Judgment on Application to Strike Out
Outcome
Plaintiff's claim dismissed as against the third, fourth, and sixth-named defendants
Legal Topics
Abuse of Process, Res Judicata, Fraud Allegations, Mortgage Possession, Strike Out Applications
Civil Procedure Property Law Banking Law Abuse of Process Res Judicata Fraud Allegations Mortgage Possession Strike Out Applications

Case Brief

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Parties

Eamon Carthy

Plaintiff

Ireland and Attorney General

Defendant

Bank of Ireland Mortgage Bank

Defendant

Bank of Ireland Mortgages Bank Unlimited Company

Defendant

Fieldfisher Ireland Solicitors

Defendant

Whitney Moore Solicitors

Defendant

Brendan Robbins

Defendant

Procedural Posture

Application to Dismiss Claim / High Court Judgment on Application to Strike Out

Legal Issues

  1. 1 Whether the plaintiff's claim discloses a reasonable cause of action or is frivolous, vexatious, bound to fail, or an abuse of process
  2. 2 Whether the proceedings are precluded by res judicata or the rule in Henderson v Henderson
  3. 3 Whether allegations of fraud justify reopening final orders

Ratio Decidendi

The plaintiff's claim is an impermissible collateral attack on final and binding decisions of the Circuit Court and High Court, raising issues that were or could have been litigated previously. Allegations of fraud were already ventilated and rejected in prior proceedings. The pleadings disclose no reasonable cause of action, are frivolous, vexatious, bound to fail, and constitute an abuse of process. No amendment could cure these defects.

Court Disposition

Plaintiff's claim dismissed as against the third, fourth, and sixth-named defendants

Orders

  • Plaintiff's proceedings against Bank of Ireland Mortgage Bank, Bank of Ireland Mortgages Bank Unlimited Company, and Whitney Moore Solicitors are dismissed pursuant to Order 19 Rule 28 of the Rules of the Superior Courts and the Court's inherent jurisdiction.