Fagan v. McQuaid [1998] IEHC 69 (12th May, 1998)

Fagan v. McQuaid [1998] IEHC 69 (12th May, 1998)

The plaintiff's action to set aside the previous judgments fails because, even if all allegations of fraud were proven, there is no reasonable chance that the judgments would be set aside, as the evidence relied on was or should have been available at the time of trial, and the alleged perjury was not decisive to the outcome. The only exception relates to sums of £7,000 and £3,275, which were wrongly attributed to Mr. Fagan personally rather than to a company, but this does not justify setting aside the entire judgment.

Citation
[1998] IEHC 69
Parties
Plaintiff: Mr. Fagan; Defendant: Greendale Developments Limited (in liquidation)
Jurisdiction
Ireland
Procedural Posture
Motion to Strike Out Proceedings / High Court Judgment on Defendant's Motion to Strike Out
Outcome
Action stayed, subject to order regarding £7,000 and £3,275
Legal Topics
Setting Aside Judgments for Fraud, Abuse of Process, Liquidator's Duties, Res Judicata, New Evidence in Civil Proceedings
Civil Procedure Company Law Setting Aside Judgments for Fraud Abuse of Process Liquidator's Duties Res Judicata New Evidence in Civil Proceedings

Case Brief

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Parties

Mr. Fagan

Plaintiff

Greendale Developments Limited (in liquidation)

Defendant

Procedural Posture

Motion to Strike Out Proceedings / High Court Judgment on Defendant's Motion to Strike Out

Legal Issues

  1. 1 Whether the proceedings should be struck out as frivolous, vexatious, or an abuse of process
  2. 2 Whether a judgment can be set aside for fraud based on perjury of a witness
  3. 3 Whether the fraud must be that of the successful party or their agent

Ratio Decidendi

The plaintiff's action to set aside the previous judgments fails because, even if all allegations of fraud were proven, there is no reasonable chance that the judgments would be set aside, as the evidence relied on was or should have been available at the time of trial, and the alleged perjury was not decisive to the outcome. The only exception relates to sums of £7,000 and £3,275, which were wrongly attributed to Mr. Fagan personally rather than to a company, but this does not justify setting aside the entire judgment.

Court Disposition

Action stayed, subject to order regarding £7,000 and £3,275

Orders

  • Proceedings stayed as an abuse of process, except for the sums of £7,000 and £3,275, for which the court will discuss the form of order with counsel.