Dolan v Culloo

• Jurisdiction: Ireland
• Judge: Ms. Justice Dunne
• Judgment Date: 02 June 2016
• Neutral Citation: [2016] IESC 29
• Judgment citation (vLex): [2016] 6 JIC 0204
• Docket Number: [Appeal No. 125/2012] [Record No. 2012/362SP] [Record No. 2012/363SP]
• Court: Supreme Court
• Date: 02 June 2016

[2016] IESC 29

THE SUPREME COURT

THE HIGH COURT

Dunne J.

[Appeal No. 125/2012]

[Record No. 2012/362SP]

[Record No. 2012/363SP]

Clarke J.

MacMenamin J.

Dunne J.

IN THE MATTER OF MICHAEL CAMPBELL DECEASED AND IN THE MATTER OF THE SUCCESSION ACT 1965

IN THE MATTER OF THE SUCCESSION ACT 1965

IN THE MATTER OF THE SUCCESSION ACT 1965

BETWEEN

CATHLEEN DOLAN

PLAINTIFF/RESPONDENT

AND

MARY CULLOO

AND

BRENDAN LOUGHREY

DEFENDANTS/APPELLANT

BETWEEN

BRENDAN LOUGHREY

PLAINTIFF

AND

CATHLEEN DOLAN

DEFENDANT

BETWEEN

BRENDAN LOUGHREY

PLAINTIFF

AND

McCLOUGHAN GUNN & CO.

DEFENDANT

Wills and probate – Administration of estate – Intestacy – Plaintiff seeking an order for the removal of the defendant as the administrator of the estate of the Intestate – Whether proceedings were vexatious

Facts: The Intestate, the late Mr Campbell, died on the 19th December, 2000, without making a will. Mr Loughrey was one of a number of beneficiaries under the estate of the Intestate.? Ms Dolan was appointed administrator in the estate of the Intestate. Supreme Court Appeal No. 309/2008 was an appeal against an order of the High Court (Laffoy J) made on the 14th July, 2008 on foot of a motion on behalf of the plaintiff, Ms Dolan, setting aside a citation to lodge in court the letters of administration granted to Ms Dolan in respect of the estate of the Intestate, issued and served upon Ms Dolan as the administrator appointed by the High Court in the estate of the Intestate. That order was appealed to the Supreme Court by the second defendant in those proceedings, Mr Loughrey, by notice of appeal dated the 25th August, 2008. Appeal No. 315/2008 was a cross-appeal in respect of the order of the High Court of the 14th July, 2008. The cross-appeal concerned the issue of costs in circumstances where counsel for Ms Dolan had applied for the costs of the application to be paid out of Mr Loughrey?s share of the estate. In the event, having heard submissions on that issue no order for costs was made. Appeal No. 125/2012 was an appeal by Mr Loughrey from an order of the High Court (Murphy J) dated the 27th February, 2012 in which Mr Loughrey sought an order by way of appeal from an order of the Master of the High Court made on the 29th March, 2012 refusing him leave to issue a citation and also sought an order extending the time in which to make that application. In essence, Mr Loughrey was again seeking an order for the removal of Ms Dolan as the administrator of the estate of the Intestate. In the fourth proceedings, an application was brought by way of notice of motion dated the 19th October, 2012 on behalf of the defendant, Ms Dolan, seeking,?inter alia, an order pursuant to Order 19, rule 28 of the Rules of the Superior Courts striking out the plaintiff?s proceedings on the grounds that they disclose no reasonable cause of action. An order was made on the 30th November, 2012 by the High Court (Laffoy J) declaring that Mr Loughrey?s proceedings were vexatious and should be dismissed. Further orders were made restraining Mr Loughrey from bringing any further proceedings in relation to the estate of the Intestate without leave of the court and other related orders. Mr Loughrey appealed to the Supreme Court from that order (Appeal No. 599/2012). In the fifth proceedings a notice of motion was issued on behalf of the defendant, Mr Gunn. An order was made restraining Mr Loughrey from instituting any proceedings against Mr Gunn or in relation to the estate of the Intestate without the leave of the Court and from instituting any motion, application or procedure in the High Court in the administration proceedings or in any proceedings currently in being in relation to the estate of the Intestate except with the prior leave of the High Court. Mr Loughrey appealed to the Supreme Court from that order (Appeal No. 358/2013).

Held by Dunne J that while there was an issue in relation to the entitlement of a second cousin to an interest in the estate, Mrs Culloo, Mr Loughrey did not appear to have advised Ms Dolan as to the existence of Michael and Leo Campbell who were also first cousins of the Intestate; had this information been provided at an earlier stage by Mr Loughrey, who was aware of their existence, it would have saved a great deal of time. Dunne J noted that Mr Loughrey embarked on litigation which effectively deprived those cousins of their entitlement to a share in the estate of the Intestate; they are now both deceased. Dunne J noted that Mr Loughrey suffers from some limitations in the form of dysphasia by virtue of his stroke and that this had not inhibited him in any way in putting documents before the Court and in bringing proceedings before the Court and in making applications of various kinds; he had the assistance of his niece before the Court.

Dunne J held that she would dismiss all of the appeals brought by Mr Loughrey on the grounds that they were vexatious. She expressed the hope that this would enable Ms Dolan to complete the administration of the estate and to distribute what remains of the estate to those who are entitled to receive it including Mr Loughrey.

Appeal dismissed.

Judgment of Ms. Justice Dunne delivered the 2nd day of June, 2016

Ms. Justice Dunne

1 This judgment involves some five appeals from various orders of the High Court made in a number of sets of proceedings which broadly speaking concern the administration of the estate of the late Michael Campbell Deceased (hereinafter referred to as ?the Intestate?) otherwise known as Michael MacCollion. In order to understand the issues in the various appeals which were all heard at the same time it would be of assistance to describe the various proceedings, the orders made in the High Court and the appeals therefrom. The first appeal is in proceedings bearing High Court Record No. 2005/218SP –

2 IN THE MATTER OF MICHAEL CAMPBELL DECEASED AND IN THE MATTER OF THE SUCCESSION ACT 1965

BETWEEN

CATHLEEN DOLAN

PLAINTIFF

AND

MARY CULLOO AND BRENDAN LOUGHREY

DEFENDANTS

3 (hereinafter described as the ?administration proceedings?). The order under appeal was an order made on the 14th July, 2008 (Laffoy J.) on foot of a motion on behalf of the Plaintiff, (hereinafter described as ?Ms. Dolan?), setting aside a citation to lodge in court the letters of administration granted to Ms. Dolan in respect of the said estate, issued and served upon Ms. Dolan as the administrator appointed by the High Court in the estate of the Intestate. That order was appealed by the second named Defendant in those proceedings (hereinafter referred to as ?Mr. Loughrey?) by notice of appeal dated the 25th August, 2008. The appeal number in respect of those proceedings is Supreme Court Appeal No. 309/2008.

4 Appeal No. 315/2008 is a cross-appeal in respect of the order of the High Court of the 14th July, 2008. The cross-appeal concerns the issue of costs in circumstances where counsel for Ms. Dolan had applied for the costs of the application to be paid out of Mr. Loughrey's share of the estate. In the event, having heard submissions on that issue no order for costs was made.

5 The third appeal also relates to the administration proceedings and is appeal No. 125/2012. This is an appeal by Mr. Loughrey from an order of the High Court (Murphy J.) dated the 27th February, 2012 in which Mr. Loughrey sought an order by way of appeal from an order of the Master of the High Court made on the 29th March, 2012 refusing himleave to issue a citation and also sought an order extending the time in which to make that application. In essence, Mr. Loughrey was again seeking an order for the removal of Ms. Dolan as the administrator of the estate of the Intestate.

The fourth appeal arises in proceedings bearing the title –

THE HIGH COURT

IN THE MATTER OF THE SUCCESSION ACT 1965

[Record No. 2012/362SP]

BETWEEN

BRENDAN LOUGHREY

PLAINTIFF

AND

CATHLEEN DOLAN

DEFENDANT

6 In these proceedings, an application was brought by way of notice of motion dated the 19th October, 2012 on behalf of the Ms. Dolan, the defendant in the proceedings, seeking,inter alia, an order pursuant to Order 19, rule 28 of the Rules of the Superior Courts striking out the plaintiff's proceedings on the grounds that they disclose no reasonable cause of action. An order was made on the 30th November, 2012 by the High Court (Laffoy J.) declaring that Mr. Loughrey's proceedings were vexatious and should be dismissed. Further orders were made restraining the said Mr. Loughrey from bringing any further proceedings in relation to the estate of the Intestate without leave of the court and other related orders. Mr. Loughrey has appealed from that order. The appeal number is Appeal No. 599/2012.

7 The final appeal is in respect of a third set of proceedings in a matter entitled –

THE HIGH COURT

[Record No. 2012/363SP]

IN THE MATTER OF THE SUCCESSION ACT 1965

BETWEEN

BRENDAN LOUGHREY

PLAINTIFF

AND

8 McCLOUGHAN GUNN & CO.

DEFENDANT

9 In these proceedings a notice of motion was issued on behalf of the defendant (hereinafter referred to as ?the Solicitors? or ?Mr. Gunn?, as appropriate). An order was made restraining Mr. Loughrey from instituting any proceedings against Mr Gunn or in relation to the estate of the Intestate without the leave of the Court and from instituting any motion, application or procedure in the High Court in the administration proceedings or in any proceedings currently in being in relation to the estate of the Intestate except with the prior leave of the High Court. That appeal is Appeal No. 358/2013.

Background and Details of the Appeals

10 The history of the matter is somewhat complicated and is best described in the judgment of Laffoy J. of the 30th November, 2012. The proceedings in which she delivered that judgment were the...