Hickey -v- Geary & Anor [2009] IEHC 118 (12 March 2009)

Hickey -v- Geary & Anor [2009] IEHC 118 (12 March 2009)

The issue between the plaintiff and the third party was already determined in prior proceedings, making the matter res judicata. The defendants cannot use third party procedure to relitigate or seek indemnity/contribution on a vicarious basis for the plaintiff. No legal basis exists for the indemnity or constructive trust claim against the third party in these circumstances.

Citation
[2009] IEHC 118
Parties
Plaintiff: Sinead Devane Hickey; Defendants: Michael Geary and Paul McCarthy (practising under the style and title of Breen, Geary, McCarthy and Shee); Third Party: Nicole Hickey
Jurisdiction
Ireland
Judgment Date
12 March 2009
Procedural Posture
High Court Civil Action / Application to Set Aside Service of Third Party Notice
Outcome
Third party notice set aside
Legal Topics
Constructive Trust, Doctrine of Satisfaction, Doctrine of Election, Issue Estoppel, Res Judicata, Third Party Procedure
Trusts and Estates Civil Procedure Constructive Trust Doctrine of Satisfaction Doctrine of Election Issue Estoppel Res Judicata Third Party Procedure

Case Brief

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Parties

Sinead Devane Hickey

Plaintiff

Michael Geary and Paul McCarthy (practising under the style and title of Breen, Geary, McCarthy and Shee)

Defendants

Nicole Hickey

Third Party

Procedural Posture

High Court Civil Action / Application to Set Aside Service of Third Party Notice

Legal Issues

  1. 1 Whether the third party notice should be set aside on grounds of issue estoppel and res judicata
  2. 2 Whether the defendants have locus standi to claim indemnity or contribution from the third party
  3. 3 Whether the same issue arises between plaintiff, defendants, and third party under Order 16, rule 1(c) of the Rules of the Superior Courts

Ratio Decidendi

The issue between the plaintiff and the third party was already determined in prior proceedings, making the matter res judicata. The defendants cannot use third party procedure to relitigate or seek indemnity/contribution on a vicarious basis for the plaintiff. No legal basis exists for the indemnity or constructive trust claim against the third party in these circumstances.

Court Disposition

Third party notice set aside

Orders

  • Service of third party notice on Nicole Hickey set aside