Proceedings against bank do not constitute a collateral attack on and order for judgment already granted

Application to dismiss proceedings as bound to fail/frivolous and vexatious/an abuse of process - plenary proceedings seeking damages - respondent bank's application - summary judgment proceedings already finalised in favour of bank, properties sold and proceeds accredited against mortgage arrears - appeal lodged by plaintiff to Court of Appeal but later dismissed where new evidence was sought to be introduced but disallowed - allegation that loan finance was fraudulently obtained by bank's representative - defence of res judicata and/or moot by virtue of earlier judgments of the High Court and Court of Appeal - no tort of reckless lending known to Irish law - rule in Henderson v Henderson - plaintiff not obliged to raise claim by way of defence to earlier judgment proceedings - claim therefore not res judicata - separate and distinct claim made that bank's representative improperly advanced plaintiff's spouse's actual earnings in support of loan application at the material time - pursuit of claim now is not precluded by virtue of fact that no set off or counterclaim was pursued in earlier judgment proceedings - application dismissed.