Cooney v. Ireland [1999] IESC 68 (11th October, 1999)

Cooney v. Ireland [1999] IESC 68 (11th October, 1999)

The court held that the issues and parties in the present proceedings were identical to those in the earlier judicial review, which had been decided and not appealed. Therefore, the doctrine of res judicata applied, barring the current proceedings and depriving the court of jurisdiction to entertain the appeal.

Citation
[1999] IESC 68
Parties
Plaintiff: Plaintiff; Defendant: Defendants
Jurisdiction
Ireland
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Res Judicata, Abuse of Process, Estoppel, Jurisdiction
Civil Procedure Res Judicata Abuse of Process Estoppel Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendants

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proceedings are barred by res judicata
  2. 2 Whether the proceedings constitute an abuse of process
  3. 3 Whether the court has jurisdiction to entertain the appeal

Ratio Decidendi

The court held that the issues and parties in the present proceedings were identical to those in the earlier judicial review, which had been decided and not appealed. Therefore, the doctrine of res judicata applied, barring the current proceedings and depriving the court of jurisdiction to entertain the appeal.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Order of the High Court Judge affirmed