O'Sullivan v. Weisz [2005] IEHC 74 (18 March 2005)
The plaintiff's case, as pleaded, raises triable issues regarding duress, undue influence, or unconscionability in relation to the contract and compromise; therefore, the proceedings should not be struck out as an abuse of process and the lis pendens should not be vacated at this stage.
- Citation
- [2005] IEHC 74
- Parties
- Plaintiff: John O'Sullivan; Defendant: Ronald Stuart Weisz
- Jurisdiction
- Ireland
- Judgment Date
- 18 March 2005
- Procedural Posture
- Motion / Interlocutory Application to Vacate Lis Pendens and for Costs
- Outcome
- Application refused
- Legal Topics
- Vacating Lis Pendens, Duress, Undue Influence, Unconscionable Bargain, Abuse of Process, Compromise of Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
John O'Sullivan
Plaintiff
Ronald Stuart Weisz
Defendant
Procedural Posture
Motion / Interlocutory Application to Vacate Lis Pendens and for Costs
Legal Issues
- 1 Whether the lis pendens registered by the plaintiff should be vacated on grounds of bad faith
- 2 Whether the proceedings are an abuse of process due to prior compromise
- 3 Whether the compromise and underlying agreements can be set aside for duress, undue influence, or as unconscionable bargains
Ratio Decidendi
The plaintiff's case, as pleaded, raises triable issues regarding duress, undue influence, or unconscionability in relation to the contract and compromise; therefore, the proceedings should not be struck out as an abuse of process and the lis pendens should not be vacated at this stage.
Court Disposition
Application refused
Orders
- Motion to vacate lis pendens refused
- Proceedings not struck out as abuse of process
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