O'Connor -v- Sherry Fitzgerald Ltd & anor [2016] IEHC 307 (08 June 2016)

O'Connor -v- Sherry Fitzgerald Ltd & anor [2016] IEHC 307 (08 June 2016)

The proceedings are an abuse of process as they seek to re-litigate matters already determined by the courts, and the plaintiff is precluded from raising issues that could and should have been raised in earlier proceedings under the rule in Henderson v. Henderson. The pattern of repeated litigation justifies the grant of an Isaac Wunder order restraining further proceedings without leave of the court.

Citation
[2016] IEHC 307
Parties
Plaintiff: Patrick O’Connor; Defendant: Sherry FitzGerald Limited; Defendant: Ronan Daly Jermyn; Defendant (added): Michael Cotter; Defendant (added): Luke Charleton
Jurisdiction
Ireland
Judgment Date
08 June 2016
Procedural Posture
Commercial / Application to Add/strike Parties, Dismiss for Abuse of Process, and Seek Isaac Wunder Order
Outcome
Proceedings dismissed as an abuse of process; Isaac Wunder order granted.
Legal Topics
Abuse of Process, Res Judicata, Receivership, Isaac Wunder Order, Relitigation, Lis Pendens
Civil Procedure Property Law Abuse of Process Res Judicata Receivership Isaac Wunder Order Relitigation Lis Pendens

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Parties

Patrick O’Connor

Plaintiff

Sherry FitzGerald Limited

Defendant

Ronan Daly Jermyn

Defendant

Michael Cotter

Defendant (added)

Luke Charleton

Defendant (added)

Procedural Posture

Commercial / Application to Add/strike Parties, Dismiss for Abuse of Process, and Seek Isaac Wunder Order

Legal Issues

  1. 1 Whether the proceedings are an abuse of process by re-litigating matters already decided
  2. 2 Whether the plaintiff is precluded from raising issues under the rule in Henderson v. Henderson
  3. 3 Whether an Isaac Wunder order restraining further proceedings should be granted

Ratio Decidendi

The proceedings are an abuse of process as they seek to re-litigate matters already determined by the courts, and the plaintiff is precluded from raising issues that could and should have been raised in earlier proceedings under the rule in Henderson v. Henderson. The pattern of repeated litigation justifies the grant of an Isaac Wunder order restraining further proceedings without leave of the court.

Court Disposition

Proceedings dismissed as an abuse of process; Isaac Wunder order granted.

Orders

  • Receivers Michael Cotter and Luke Charleton added as defendants.
  • Proceedings dismissed as an abuse of process and under the rule in Henderson v. Henderson.