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High Court refuses a businesswoman's application to strike out proceedings on the grounds of res judicata and abuse of process, affirming the continuation of the Irish lawsuit concerning alleged fraudulent asset transfers. The court found no previous adjudication in the United States that would sustain a plea of res judicata in Ireland, nor any abuse of process that would justify a Henderson application. The decision upholds the right to pursue claims in Ireland that were not adjudicated in the US, despite the existence of parallel proceedings in both jurisdictions. The court emphasised that the fraudulent transfer claim could not have been brought in the United States after permission was granted by a US judge to bring the case in Ireland, and that the claims were not an abuse of process.
Fraudulent transfer - Res judicata - Abuse of process - Henderson v. Henderson - Parallel proceedings - US Bankruptcy Court - Irish High Court - Statutory fraudulent transfer relief - Unjust enrichment - Cross-jurisdictional litigation - Chapter 7 trustee - Official Assignee - Mavior assets - Lagoon Beach Hotel - Adjudication - Bankruptcy
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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