Malone -v- Allison [2012] IEHC 87 (27 February 2012)

Malone -v- Allison [2012] IEHC 87 (27 February 2012)

The plaintiff has not pleaded or substantiated any circumstance, including fraud, that would allow the 2009 Settlement or the 2006 Charge to be set aside. The issues have already been settled and cannot be re-litigated. The 2011 proceedings, as constituted, are bound to fail.

Citation
[2012] IEHC 87
Parties
Plaintiff: Pat Malone; Defendant: Catherine Allison
Jurisdiction
Ireland
Judgment Date
27 February 2012
Procedural Posture
Plenary Proceedings (high Court) / Interlocutory Application to Strike Out Proceedings
Outcome
Declaration that the 2011 proceedings, as presently constituted, are bound to fail; no dismissal order made at this juncture.
Legal Topics
Consent Orders, Illegality of Contract, Res Judicata, Fraud Allegations, Security for Costs
Contract Law Civil Procedure Consent Orders Illegality of Contract Res Judicata Fraud Allegations Security for Costs

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Parties

Pat Malone

Plaintiff

Catherine Allison

Defendant

Procedural Posture

Plenary Proceedings (high Court) / Interlocutory Application to Strike Out Proceedings

Legal Issues

  1. 1 Whether the plaintiff has a cause of action to set aside the 2006 Charge or the 2009 Settlement and consent order
  2. 2 Whether the 2011 proceedings are an abuse of process or bound to fail

Ratio Decidendi

The plaintiff has not pleaded or substantiated any circumstance, including fraud, that would allow the 2009 Settlement or the 2006 Charge to be set aside. The issues have already been settled and cannot be re-litigated. The 2011 proceedings, as constituted, are bound to fail.

Court Disposition

Declaration that the 2011 proceedings, as presently constituted, are bound to fail; no dismissal order made at this juncture.

Orders

  • Declaration under inherent jurisdiction that the 2011 proceedings are bound to fail
  • Matter adjourned for further submissions, particularly regarding the undertaking as to proceeds of sale