Gunning -v- Sherry [2012] IEHC 88 (28 February 2012)

Gunning -v- Sherry [2012] IEHC 88 (28 February 2012)

The proceedings are an abuse of process as they attempt to re-litigate matters already conclusively determined by the High Court; Ms. Gunning holds any acquired interest in the property as trustee for all beneficiaries, not for her own benefit; no evidence of fraud was adduced; an Isaac Wunder order is warranted to prevent further vexatious litigation concerning Chrysanthemum Cottage.

Citation
[2012] IEHC 88
Parties
Plaintiff: Eileen Gunning; Defendant: Brian Sherry
Jurisdiction
Ireland
Judgment Date
28 February 2012
Procedural Posture
High Court Civil Proceedings / Motion to Strike Out as Abuse of Process
Outcome
Proceedings struck out as abuse of process; Isaac Wunder order made against Ms. Gunning.
Legal Topics
Abuse of Process, Res Judicata, Vexatious Litigation, Trusts and Fiduciary Duties, Adverse Possession, Isaac Wunder Orders
Succession Law Property Law Civil Procedure Abuse of Process Res Judicata Vexatious Litigation Trusts and Fiduciary Duties Adverse Possession +1 more

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Parties

Eileen Gunning

Plaintiff

Brian Sherry

Defendant

Procedural Posture

High Court Civil Proceedings / Motion to Strike Out as Abuse of Process

Legal Issues

  1. 1 Whether the proceedings are an abuse of process and attempt to re-litigate matters already decided
  2. 2 Whether Ms. Gunning holds any superior title to Chrysanthemum Cottage
  3. 3 Whether Ms. Gunning acquired the fee simple reversion for her own benefit or as trustee

Ratio Decidendi

The proceedings are an abuse of process as they attempt to re-litigate matters already conclusively determined by the High Court; Ms. Gunning holds any acquired interest in the property as trustee for all beneficiaries, not for her own benefit; no evidence of fraud was adduced; an Isaac Wunder order is warranted to prevent further vexatious litigation concerning Chrysanthemum Cottage.

Court Disposition

Proceedings struck out as abuse of process; Isaac Wunder order made against Ms. Gunning.

Orders

  • Proceedings struck out
  • Isaac Wunder order precluding Ms. Gunning from commencing further proceedings concerning Chrysanthemum Cottage without prior leave of the President of the High Court or nominated judge