Carty & Ors v Harte & Anor (Approved) [2023] IEHC 296 (09 June 2023)

The first defendant is precluded by res judicata and procedural defects from challenging the Taxing Master's ruling; the reliefs sought are refused.

Citation: [2023] IEHC 296
Parties: Plaintiffs: Hugh Carty, John P. Carty, H. Gavan Carty, Shane Carty practising under the style and title of Kent Carty Solicitors; First Defendant: Frank Harte; Second Defendant: Geraldine Quail
Jurisdiction: Ireland
Judgment Date: 09 June 2023
Procedural Posture: Special Summons / Ruling on Motion to Stay Well Charging Proceedings
Outcome: motion refused
Legal Topics: Res Judicata, Issue Estoppel, Challenge to Taxing Master's Ruling, Well Charging Orders, Orders for Sale

Case Brief

Summary, issues, holding and outcome

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Hugh Carty, John P. Carty, H. Gavan Carty, Shane Carty practising under the style and title of Kent Carty Solicitors

Plaintiffs

Frank Harte

First Defendant

Geraldine Quail

Second Defendant

Special Summons / Ruling on Motion to Stay Well Charging Proceedings

1 Whether the first defendant can challenge the Taxing Master's ruling from 2015 in the context of well charging proceedings
2 Whether the doctrine of res judicata precludes further challenge to the Taxing Master's ruling
3 Whether procedural defects bar the relief sought

The first defendant is precluded by res judicata and procedural defects from challenging the Taxing Master's ruling; the reliefs sought are refused.

motion refused

Reliefs sought in the first defendant’s notice of motion of 26 January 2023 are refused.
Plaintiffs provisionally entitled to costs under Section 169 of the Legal Services Regulation Act 2015, subject to further submissions.