Gawley v Start Mortgages Designated Activity Company (Approved) [2023] IEHC 694 (06 November 2023)

Gawley v Start Mortgages Designated Activity Company (Approved) [2023] IEHC 694 (06 November 2023)

All claims except breach of contract by way of overcharging are res judicata, subject to issue estoppel, or amount to a collateral attack on final orders; only the overcharging claim survives as it was not determined in prior proceedings and does not attack previous orders.

Citation
[2023] IEHC 694
Parties
Plaintiff: Peter Gawley; First Defendant: Start Mortgages Designated Activity Company; Second Defendant: Alan Casey
Jurisdiction
Ireland
Judgment Date
06 November 2023
Procedural Posture
Plenary Proceedings / Motion to Strike Out Proceedings
Outcome
Plaintiff's claims at paragraphs 1-14 and 16-19 of Statement of Claim dismissed; only breach of contract by overcharging survives.
Legal Topics
Res Judicata, Issue Estoppel, Mortgage Possession, Overcharging, Champerty and Maintenance
Civil Procedure Property Law Contract Law Res Judicata Issue Estoppel Mortgage Possession Overcharging Champerty and Maintenance

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Parties

Peter Gawley

Plaintiff

Start Mortgages Designated Activity Company

First Defendant

Alan Casey

Second Defendant

Procedural Posture

Plenary Proceedings / Motion to Strike Out Proceedings

Legal Issues

  1. 1 Whether the proceedings are frivolous, vexatious, or bound to fail
  2. 2 Whether claims are res judicata or subject to issue estoppel
  3. 3 Whether breach of contract by overcharging is maintainable

Ratio Decidendi

All claims except breach of contract by way of overcharging are res judicata, subject to issue estoppel, or amount to a collateral attack on final orders; only the overcharging claim survives as it was not determined in prior proceedings and does not attack previous orders.

Court Disposition

Plaintiff's claims at paragraphs 1-14 and 16-19 of Statement of Claim dismissed; only breach of contract by overcharging survives.

Orders

  • Order under Order 19 r. 27 RSC dismissing Plaintiff's claims except breach of contract by overcharging
  • Directions to be made regarding service of amended Statement of Claim and other pleadings