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Claim correctly dismissed as an abuse of process
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Supreme Court dismisses appeal from High Court, and affirms order dismissing claim for damages arising from a sale of property and a hearing in the Circuit Court, on the grounds that: (a) the proceedings were an abuse of process as the same dispute remained pending before the Circuit Court; and (b) there was no cause of action against the Circuit Court judge or County Registrar, as there was no evidence that they had acted mala fides.
MacMenamin J (nem diss): Dismissal of claim - claim for damages for negligence, abuse of process and other claims - non-attendance of plaintiff at motion - Circuit Court proceedings arising from purchase of property - alleged coercion of plaintiffs into spending extra money on adjoining land - High Court claim against other defendants and State defendants arising from outcome of Circuit Court proceedings - refusal of Circuit Court to hear motions seeking discovery and inspection - no stay on Circuit Court proceedings sought or obtained - second trial in Circuit Court conducted in absentia - non-attendance in High Court for medical reasons - opportunity given to plaintiffs in Circuit Court to file further affidavit.
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