No basis upon which to grant leave to cross-examine deponents in applications to dismiss plaintiff’s claims

Application has been made by the defendants in each of these sets of proceedings to have the proceedings struck out or dismissed on various grounds – application to cross-examine the deponents of the grounding affidavits for those applications - very protracted history to these matters, all of which relates to two properties in Dublin - satisfied that there is no basis upon which the Court should grant leave to cross- examine any of the three deponents - the underlying applications are normally heard on affidavit - no material conflict of fact which requires to be resolved is disclosed on the affidavits - nature of the test to be applied when determining whether proceedings should be dismissed or struck out on the basis contended for in the underlying motions - no reason to depart from determining the matter on affidavit – relevant legal principles - cross-examination will normally only be permitted where there is a material conflict of fact which requires to be determined, though the Court has a discretion to permit cross-examination on construction - no conflict of fact which requires to be determined in order to decide the underlying motions disclosed on the affidavits sworn in those motions - essence of the Defendant’s applications in all three sets of proceedings is that the issues raised in these proceedings have already been determined by the courts or that they could have been raised in those earlier proceedings – no need to cross examine the deponents –