High Court dismisses the plaintiff's claim, which arose from alleged defects in work carried out by the first defendant on the property of the plaintiff, against the second to fourteenth defendants, on the grounds that it was frivolous and vexatious and was an action that on the pleadings is bound to fail, finding: (a) simply because the second to fourteenth defendants did not deal with the plaintiff's complaint did not give rise to a cause of action; (b) there was no evidence or basis for alleging a conspiracy between the joint committee and the first defendant to interfere with the plaintiff’s rights under Irish law or European law, or to injure his good name; and (c) the plaintiff has not established the existence of any cause of action against the second to fourteenth defendant.
Practice and procedure - application by the second to fourteenth defendants seeking to have the plaintiffs claim struck out on the grounds that it discloses no reasonable cause of action, or in the alternative, that it be dismissed on the grounds that the action is shown by the pleadings to be frivolous and/or vexatious - plaintiff’s claim arose out of alleged defects in building works carried out by the first defendant on the plaintiff's property - plaintiff wrote to the Committee of Public Account making a complaint in relation to his dispute with the first named defendant concerning the works done to the property - a letter was sent to the first defendant indicating that a complaint had been made in relation to the fitting of windows in the plaintiff’s house and requested the defendant to confirm its compliance with current building and disability legislation and regulations and also to specify what avenues of appeal were available - the first respondent replied confirming compliance and indicating the avenues appeal - this letter was forwarded to the plaintiff - the plaintiff’s complaint against the second to fourteenth defendants was that the joint committee acted in breach of his rights in writing to the first defendant and in accepting the content of the replying letter and deciding it did not constitute a public service oversight issue and could not be progressed further by the committee - Order 19, rule 28 of the Rules of the Superior Courts - whether the pleadings established a cause of action - proceedings dismissed.