Lusby v McAteer & Ors [2017] NIQB 36 (28 March 2017)

Lusby v McAteer & Ors [2017] NIQB 36 (28 March 2017)

The plaintiff failed to disclose a reasonable cause of action against the first named defendant as the pleadings do not establish that the transfer of Plot A calls for an explanation or was manifestly disadvantageous; the claim arises from the fourth defendant's actions, not the first defendant's alleged undue influence.

Citation
[2017] NIQB 36
Parties
Plaintiff: Herbert A Lusby; First Defendant: Daniel McAteer; Second Defendant: Gavin McGill; Third Defendant: Kevin Downey; Fourth Defendant: Martin Sheehan
Jurisdiction
Northern Ireland
Judgment Date
28 March 2017
Procedural Posture
Application to Strike Out Pleadings / Order 18 Rule 19 Application
Outcome
Application granted; pleadings struck out against first named defendant.
Legal Topics
Undue Influence, Strike Out Applications, Limitation, Laches, Abuse of Process
Civil Procedure Equity Undue Influence Strike Out Applications Limitation Laches Abuse of Process

Case Brief

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Parties

Herbert A Lusby

Plaintiff

Daniel McAteer

First Defendant

Gavin McGill

Second Defendant

Kevin Downey

Third Defendant

Martin Sheehan

Fourth Defendant

Procedural Posture

Application to Strike Out Pleadings / Order 18 Rule 19 Application

Legal Issues

  1. 1 Whether the pleadings disclose a reasonable cause of action against the first named defendant
  2. 2 Whether the claim is statute barred or barred by laches/acquiescence
  3. 3 Whether the proceedings are scandalous, frivolous, vexatious or an abuse of process

Ratio Decidendi

The plaintiff failed to disclose a reasonable cause of action against the first named defendant as the pleadings do not establish that the transfer of Plot A calls for an explanation or was manifestly disadvantageous; the claim arises from the fourth defendant's actions, not the first defendant's alleged undue influence.

Court Disposition

Application granted; pleadings struck out against first named defendant.

Orders

  • Pleadings against first named defendant struck out.
  • Court will hear parties on costs.