McGuinness v McGarry (Approved) [2023] IECA 31 (16 February 2023)

McGuinness v McGarry (Approved) [2023] IECA 31 (16 February 2023)

The appeal was dismissed because the plaintiff's proceedings were fundamentally flawed in failing to join the bank and receiver as defendants, despite being given every opportunity to do so. The receiver's joinder as a third party did not suffice. The High Court acted within its discretion in striking out the proceedings and refusing a late adjournment. There was no denial of fair procedures or fair trial.

Citation
[2023] IECA 31
Parties
Plaintiff/appellant: Charles McGuinness; Defendant/respondent: Kevin McGarry; Third Party: Stephen Tennant
Jurisdiction
Ireland
Judgment Date
16 February 2023
Procedural Posture
Civil Appeal / Appeal From High Court Decision Striking Out Proceedings
Outcome
appeal dismissed
Legal Topics
Joinder of Parties, Trespass, Mortgage Validity, Receiver Appointment, Fair Trial Rights, Costs
Civil Procedure Property Law Joinder of Parties Trespass Mortgage Validity Receiver Appointment Fair Trial Rights Costs

Case Brief

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Parties

Charles McGuinness

Plaintiff/appellant

Kevin McGarry

Defendant/respondent

Stephen Tennant

Third Party

Procedural Posture

Civil Appeal / Appeal From High Court Decision Striking Out Proceedings

Legal Issues

  1. 1 Whether proceedings could be maintained against the defendant alone without joining the bank or receiver as defendants
  2. 2 Whether the plaintiff was denied fair procedures or a fair trial by the High Court's decision to strike out the proceedings
  3. 3 Whether the joinder of the receiver as a third party sufficed to constitute him as a defendant for the purposes of the plaintiff's claim

Ratio Decidendi

The appeal was dismissed because the plaintiff's proceedings were fundamentally flawed in failing to join the bank and receiver as defendants, despite being given every opportunity to do so. The receiver's joinder as a third party did not suffice. The High Court acted within its discretion in striking out the proceedings and refusing a late adjournment. There was no denial of fair procedures or fair trial.

Court Disposition

appeal dismissed

Orders

  • High Court order striking out proceedings affirmed
  • Costs of the appeal provisionally awarded to the defendant/respondent, subject to further submissions within ten days