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Court of Appeal dismisses appeal and upholds decision of the High Court dismissing proceedings against the second defendant pursuant to the inherent jurisdiction of the Court on the ground that they were an abuse of process, finding that: (a) the suggestion that the proceedings could be saved at this late stage by an amendment to plead misfeasance in public office at the end of the whole series of litigation going back to 2002 would in itself amount to condoning an abuse of process; (b) the Supreme Court's finding in previous proceedings that the plaintiff had settled proceedings in relation to the alleged fraud meant that the findings of the Supreme Court could not be undermined by any alleged error of fact in the High Court; and (c) the approach of the trial judge reflected the proper test when determining whether to dismiss the proceedings.
Faherty J (nem diss): Appeal of a decision of the High Court dismissing the proceedings against the second defendant pursuant to the inherent jurisdiction of the Court on the ground that they were an abuse of process - the proceedings arise out of a dispute about a lease - the father of the plaintiff entered into a a lease of certain lands - a dispute arose as to the length of the lease and it was the plaintiff's father's case that the document had been fraudulently altered so as to appear on its face to be for the longer term - a number of sets of proceedings arose out of this dispute including 2 sets of Circuit Court proceedings and 4 sets of High Court proceedings, which were also appealed - the plaintiff had settled a number of the proceedings - the lease was examined by a garda in the Garda Technical Bureau (Document and Handwriting Section) and no alteration was found - the lease was examined by a number of independent witnesses who found no evidence to support the position that the lease had been altered - the current proceedings are the fourth set of High Court proceedings - the trial judge was satisfied that the true substance and intent of these proceedings was to re-litigate the issue of whether the lease document of 1999 was wrongfully altered, and thereby to challenge the outcome of the 2002 Circuit Court proceedings which the Supreme Court has already determined can no longer be the subject of litigation - whether the trial judge erred in failing to consider that the proceedings might be continued to be maintained if same were amended - whether the proceedings capable of being distinguished from the rationale applied by the Supreme Court in earlier proceedings - whether the trial judge failed to apply the applicable legal principles when considering an application to dismiss under the inherent jurisdiction of the Court - appeal dismissed
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