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High Court, in an application to dismiss proceedings on grounds that they are bound to fail, refuses to dismiss entirety of proceedings (but strikes out a portion of the claims made) brought by holders of impaired loans against NAMA arising from the agency's alleged infringement of the applicants' constitutional right to fair procedures in the acquisition and dealing in certain bank assets connected to the applicants, finding that it is not an appropriate case in which to exercise the court's jurisdiction on a preliminary application to strike out the first named respondent's claim on the grounds of abuse of process, but to allow the second named respondent's claim to proceed.
Application to dismiss proceedings and restrain plaintiffs from instituting proceedings against applicant - court's jurisdiction on application - proceedings challenging the applicant's dealings with bank assets the subject of charges and loans - defence not yet delivered - High Court practice direction on proceedings involving a litigant in person - whether application premature - no procedural bar to bringing application at this time in proceedings - proceedings are an alleged 'collateral attack' on the process of acquisition of the respondent's loans under NAMA - statutory provision permitting of no cause of action against NAMA - statute of limitation as it applies to the applicant's claim for damages - time may be extended on a future application - leave of court not obtained within statutory time limit to bring proceedings under NAMA legislation - 'constitutionalisation' of right to fair procedures - whether such rights exist where respondents' loans are non-performing - whether respondents are persons affected by decision to acquire assets - right is capable of being triggered - inappropriate at this stage of proceedings to determine when alleged cause of action accrued - whether a claim for damages is a challenge to the validity of an acquisition of bank assets - appropriateness or otherwise of proceeding by way of judicial review - multiple actions - failure to reconstitute proceedings - damages claim permitted to remain.
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