McK. (F.) v. M. (B.) & Anor [2006] IEHC 395 (3 November 2006)

The existence of Austrian proceedings and orders does not bar the Irish High Court from making a Disposal Order under section 4 of the Proceeds of Crime Act 1996 in respect of funds held in Austria, as the court acts in personam over parties within its jurisdiction and does not determine questions of Austrian law.

Citation: [2006] IEHC 395
Parties: Applicant: F McK; Respondent: B M; Respondent: K M
Jurisdiction: Ireland
Judgment Date: 03 November 2006
Procedural Posture: Special Summons / Judgment on Motion to Dismiss and Substantive Application for Disposal Order
Outcome: Application to dismiss refused; applicant permitted to proceed with application for Disposal Order.
Legal Topics: Proceeds of Crime, Jurisdiction, Comity of Courts, Enforcement of Foreign Orders

Criminal Law Private International Law Proceeds of Crime Jurisdiction Comity of Courts Enforcement of Foreign Orders

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

F McK

Applicant

B M

Respondent

K M

Respondent

Procedural Posture

Special Summons / Judgment on Motion to Dismiss and Substantive Application for Disposal Order

Legal Issues

1 Whether the High Court of Ireland can make a Disposal Order under section 4 of the Proceeds of Crime Act 1996 in respect of funds held in Austria, given existing Austrian proceedings and orders
2 Whether the proceedings were properly commenced by Special Summons

Ratio Decidendi

Court Disposition

Application to dismiss refused; applicant permitted to proceed with application for Disposal Order.

Orders

Application to dismiss proceedings refused
Applicant may proceed with application for Disposal Order under section 4 of the Proceeds of Crime Act 1996