Ulster Bank DAC & Ors v McDonagh & Ors [No.3] (Approved) [2024] IEHC 609 (30 October 2024)

Ulster Bank DAC & Ors v McDonagh & Ors [No.3] (Approved) [2024] IEHC 609 (30 October 2024)

The High Court has no jurisdiction to set aside its own judgment affirmed by the Court of Appeal and refused by the Supreme Court; the application is hopeless, vexatious, and abusive. Security for costs should be considered against individual litigants to prevent further injustice and abuse of process.

Citation
[2024] IEHC 609
Parties
Plaintiff: Ulster Bank DAC; Plaintiff: Paul McCann; Plaintiff: Patrick Dillon; Defendant: Brian McDonagh; Defendant: Kenneth McDonagh; Defendant: Maurice McDonagh
Jurisdiction
Ireland
Judgment Date
30 October 2024
Procedural Posture
Commercial High Court Proceeding / Post Judgment Motion to Set Aside Principal Judgment
Outcome
Application dismissed
Legal Topics
Security for Costs, Isaac Wunder Orders, Vexatious Litigation, Functus Officio, Appeals, Property Rights
Civil Procedure Costs Abuse of Process Security for Costs Isaac Wunder Orders Vexatious Litigation Functus Officio Appeals +1 more

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Parties

Ulster Bank DAC

Plaintiff

Paul McCann

Plaintiff

Patrick Dillon

Plaintiff

Brian McDonagh

Defendant

Kenneth McDonagh

Defendant

Maurice McDonagh

Defendant

Procedural Posture

Commercial High Court Proceeding / Post Judgment Motion to Set Aside Principal Judgment

Legal Issues

  1. 1 Whether the High Court has jurisdiction to set aside a principal judgment affirmed on appeal and refused by the Supreme Court
  2. 2 Whether new evidence or alleged fraud justifies reopening a concluded case
  3. 3 Whether current practice on security for costs against individual litigants is adequate to prevent abuse

Ratio Decidendi

The High Court has no jurisdiction to set aside its own judgment affirmed by the Court of Appeal and refused by the Supreme Court; the application is hopeless, vexatious, and abusive. Security for costs should be considered against individual litigants to prevent further injustice and abuse of process.

Court Disposition

Application dismissed

Orders

  • Application to set aside principal judgment refused
  • Case provisionally listed for mention in one week to deal with final orders and costs