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Proceedings brought by borrower against bank are res judicata
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High Court grants an order striking out proceedings against a bank, on the grounds that they were res judicata and an abuse of process in circumstances where the matters raised by the applicant were relevant to previous litigation between the parties herein, and ought to have been raised in that context.
Application brought by the Defendant seeking an order dismissing the plaintiff's claim on the grounds it is vexatious - no cause of action - delay - no proceedings for two years - defendant seeks an order pursuant to s. 123(b) of the Land and Conveyancing Law Reform Act, 2009 vacating the lis pendens registered by the plaintiff on the 8th June, 2015 over and against the property - protracted legal history between the parties - order for possession made in December 2014 over property of plaintiff - possession order was finally executed in early 2017 - plaintiff commenced the within proceedings by plenary summons in October 2014 - proceedings lay dormant whilst the possession proceedings progressed through the Circuit Court and on appeal to the High Court - readily apparent that all of the issues raised by the plaintiff in his statement of claim are matters which were pertinent to the possession proceedings - proceedings are res judicata - proceedings struck out and lis pendens vacated.
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