Devrajan v. KPMG & Ors [2006] IEHC 81 (20 January 2006)

Devrajan v. KPMG & Ors [2006] IEHC 81 (20 January 2006)

Plaintiff's claims are frivolous, vexatious, an abuse of process, statute barred, lacking locus standi, and constitute inordinate and inexcusable delay; no sustainable claim exists against any defendant; proceedings are dismissed and plaintiff restrained from further actions against defendants without leave of court.

Citation
[2006] IEHC 81
Parties
Plaintiff: Scrinivasan Devrajan; Defendant: KPMG; Defendant: Price Waterhouse Coopers; Defendant: Central Bank of Ireland; Defendant: Director of Consumer Affairs; Defendant: Minister for Finance; Defendant: Attorney General; Defendant: Ireland
Jurisdiction
Ireland
Judgment Date
20 January 2006
Procedural Posture
Civil / Motion to Strike Out/dismiss
Outcome
Plaintiff's proceedings struck out and dismissed
Legal Topics
Abuse of Process, Frivolous and Vexatious Litigation, Statute of Limitations, Isaac Wunder Order, Locus Standi, Delay, Fraud Pleading Requirements
Civil Procedure Banking Law Constitutional Law Abuse of Process Frivolous and Vexatious Litigation Statute of Limitations Isaac Wunder Order Locus Standi +2 more

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Parties

Scrinivasan Devrajan

Plaintiff

KPMG

Defendant

Price Waterhouse Coopers

Defendant

Central Bank of Ireland

Defendant

Director of Consumer Affairs

Defendant

Minister for Finance

Defendant

Attorney General

Defendant

Ireland

Defendant

Procedural Posture

Civil / Motion to Strike Out/dismiss

Legal Issues

  1. 1 Whether the proceedings should be struck out as frivolous, vexatious, or an abuse of process
  2. 2 Whether the claim is statute barred
  3. 3 Whether the plaintiff has locus standi to represent other depositors

Ratio Decidendi

Plaintiff's claims are frivolous, vexatious, an abuse of process, statute barred, lacking locus standi, and constitute inordinate and inexcusable delay; no sustainable claim exists against any defendant; proceedings are dismissed and plaintiff restrained from further actions against defendants without leave of court.

Court Disposition

Plaintiff's proceedings struck out and dismissed

Orders

  • Plaintiff's proceedings struck out as abuse of process, frivolous and vexatious, and for inordinate and inexcusable delay
  • Plaintiff restrained from instituting further proceedings against defendants without prior leave of the High Court