High Court dismisses proceedings brought against bank as being an abuse of process and bound to fail, on the grounds that: the Court could not identify any stated cause of action against the bank; and the second named plaintiff, a business consultant, had no involvement whatsoever in the issues raised and was in breach of an order of the High Court restricting him from acting as a McKenzie friend.
Application to dismiss the proceedings – no cause of action - Bank advanced the sum of approximately €1.2m to a mother and daughter - joint and several - finance the purchase of some 34 hectares of land – defaulted – summary proceedings seeking €1.5m – remitted to plenary hearing – claimed that her solicitors were negligent - failure to compromise the bank proceedings – discovery order – solicitors came off record – litigant in person – application to have second plaintiff’s solicitor struck off for deception – motion to strike out defence for failure to comply with an order for discovery – daughter assisted in making representations to the court by a business consultant – second plaintiff - no basis whatsoever for him being named as a plaintiff - no involvement in the issues raised – order prohibiting him from acting as McKenzie friend – breached that order in these proceedings - no cause of action is identified in the pleadings – motion to dismiss – seeking an order restraining the plaintiffs from bringing proceedings – applicable principles – business advisor has no cause of action against the bank and no role in the proceedings – issues raised in the pleadings relate to separate proceedings – Court cannot identify any stated cause of action against the bank – proceedings dismissed - abuse of process and/or are frivolous and vexatious and bound to fail – order restricting the activities of the business associate has not altered his conduct – submissions as to how to deal with this situation invited - proceedings dismissed –