Kilcoyne v Westport Textiles Ltd and Royal and Sun Alliance Plc

• Jurisdiction: Ireland
• Judge: Finnegan P.
• Judgment Date: 26 July 2006
• Neutral Citation: [2006] IEHC 256
• Docket Number: NO. 10597P/2000
• Court: High Court
• Date: 26 July 2006

[2006] IEHC 256

THE HIGH COURT

NO. 10597P/2000

KILCOYNE v WESTPORT TEXTILES LTD (IN VOLUNTARY LIQUIDATION) & ROYAL & SUN ALLIANCE PLC

BETWEEN

PETER KILCOYNE

PLAINTIFF

AND

WESTPORT TEXTILES LIMITED (IN VOLUNTARY LIQUIDATION) AND THE ROYAL AND SUN ALLIANCE PLC

DEFENDANTS

CIVIL LIABILITY ACT 1961 S62

DUNNE v P J WHITE CONSTRUCTION CO LTD 1989 ILRM 803

RSC O.63 r9

RSC O.19 r28

PRACTICE AND PROCEDURE:

Statement of claim

Striking out of pleadings - Motion to strikeout statement of claim against second defendant - Whether pleadings disclosing reasonable cause of action - Rules of the Superior Courts 1986 (SI 15/1986), O 19, r28 - Civil Liability Act 1961 (No 41), s 62 -Claim against second defendant struck out (2000/10597P - Finnegan P - 26/7/2006) [2006] IEHC 256 Kilcoyne v Westport Textiles Ltd

A plenary summons was issued against the First Named Defendant and the Second Named Defendant was joined as a co-defendant. The Second Named Defendant applied inter alia for an order dismissing the claim against the Second Named Defendant on the grounds that the claim was frivolous and vexatious.

Held by Finnegan P. in dismissing the claim against the Second Named Defendant that the Second Named Defendant was entitled to relief under Order 19, rule 28 of the Rules of the Superior Courts on the ground that the claim as pleaded disclosed no reasonable cause of action.

Reporter: R.W.

Finnegan P.

1 A Plenary Summons in this matter was issued on the 3rd December 2000 against the first named Defendant. The Plaintiff was an employee of the first named Defendant between the years 1970 and 1979 and in that time, the Statement of Claim pleads, he was exposed to excessive noise which has resulted in hearing loss. The Defendant was incorporated in 1961 and went into voluntary liquidation on the 23rd June 1981. In November 2000 it was struck off the Register of Companies but restored to the Register on the 15th June 2002. On the 11th January 2005 the second named Defendant was joined to the action as a Co-Defendant by order of the Master. An amended Statement of Claim was delivered on the 2nd March 2005. The only alterations to the original Statement of Claim consist of the adding to the title of the action of the second named Defendant and of a paragraph describing the second named Defendant as a limited liability company and giving its registered office. Thus on the pleadings the claim against the second named Defendant appears as a claim by an employee against his employer for negligence which is particularised. However correspondence had passed between the Plaintiff's solicitor and the second named Defendant and its solicitors between the 25th April 2001 and the application to join the second named Defendant as a Defendant and both the Plaintiff...