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The High Court struck out proceedings brought by the plaintiff seeking to set aside a final possession order previously made over mortgaged property. The plaintiff had already appealed the original order through the Circuit Court and High Court, with his final attempt to seek leave to appeal to the Supreme Court refused. In this fresh lawsuit, the plaintiff attempted to raise new claims and revisit arguments on the validity of the mortgage, the loan assignments, and alleged misconduct by the lending institutions, arguing for a full plenary hearing rather than a summary process. The High Court held that the case was an abuse of process, as it amounted to an impermissible collateral attack on a matter already conclusively determined, reiterating that parties cannot relitigate issues or raise new grounds that should have been brought earlier. Consequently, the plaintiff’s action was dismissed in its entirety as bound to fail.
strike-out application – abuse of process – res judicata – possession proceedings – plenary summons – mortgage law – loan assignment – Henderson v Henderson rule (issues that could and should have been raised) – summary and plenary hearing distinctions – Rules of the Superior Courts (RSC) – Unfair Contract Terms Directive – judicial finality – securitisation arguments – collateral attack on final orders – Central Bank authorisation
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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