Von Geitz v O'Brien & Anor (Approved) [2025] IEHC 399 (03 July 2025)

Von Geitz v O'Brien & Anor (Approved) [2025] IEHC 399 (03 July 2025)

Plaintiff's claim for adverse possession fails as occupation was with permission of the owner, not adverse. Claims for negligence, breach of fiduciary duty, and negligent misstatement are unsustainable due to absence of duty of care, contractual relationship, or pleaded loss. Proceedings disclose no reasonable cause of action and are bound to fail; no amendment could save them. Order for strike out granted.

Citation
[2025] IEHC 399
Parties
Plaintiff: Juerg Von Geitz; Defendant: Tom O'Brien; Defendant: Mazars
Jurisdiction
Ireland
Judgment Date
03 July 2025
Procedural Posture
Civil / Strike Out Application and Judgment in Default
Outcome
Proceedings struck out
Legal Topics
Adverse Possession, Strike Out Applications, Negligence, Breach of Fiduciary Duty, Negligent Misstatement
Property Law Civil Procedure Tort Law Adverse Possession Strike Out Applications Negligence Breach of Fiduciary Duty Negligent Misstatement

Case Brief

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Parties

Juerg Von Geitz

Plaintiff

Tom O'Brien

Defendant

Mazars

Defendant

Procedural Posture

Civil / Strike Out Application and Judgment in Default

Legal Issues

  1. 1 Whether the plaintiff has a valid claim for adverse possession
  2. 2 Whether the plaintiff has locus standi to challenge the receivership and conveyance
  3. 3 Whether the plaintiff can claim damages for negligence, breach of fiduciary duty, and negligent misstatement

Ratio Decidendi

Plaintiff's claim for adverse possession fails as occupation was with permission of the owner, not adverse. Claims for negligence, breach of fiduciary duty, and negligent misstatement are unsustainable due to absence of duty of care, contractual relationship, or pleaded loss. Proceedings disclose no reasonable cause of action and are bound to fail; no amendment could save them. Order for strike out granted.

Court Disposition

Proceedings struck out

Orders

  • Order striking out the proceedings on grounds set out in the notice of motion