Laurence Corrigan v Ken Fennell

• Jurisdiction: Ireland
• Judge: Mr. Justice Twomey
• Judgment Date: 14 March 2017
• Neutral Citation: [2017] IEHC 183
• Docket Number: [2016 No. 5339P]
• Court: High Court
• Date: 14 March 2017

[2017] IEHC 183

THE HIGH COURT

CHANCERY

Twomey J.

[2016 No. 5339P]

BETWEEN:

LAURENCE CORRIGAN

PLAINTIFF/RESPONDENT

-AND-

KEN FENNELL

DEFENDANT/APPLICANT

Property & Conveyance – Mortgage – Deed of Appointment – Validity of Appointment as Receiver – Abuse of Process

Facts: The applicant/defendant sought the dismissal of the plaintiff's proceedings alleging that the statement of claim had failed to disclose reasonable cause of action. The applicant contended that the respondent/plaintiff had failed to abide by the process of law. The respondent claimed that the Deed of Appointment would be invalid.

Mr. Justice Twomey held that the application to dismiss the proceedings would be granted. The Court observed that the statement of claim had failed to disclose the reasonable cause of action. The Court found that the respondent's conduct of proceedings amounted to an abuse of process of law. The Court reiterated that the validity of the appointment of the applicant, as a receiver under the Deed of Appointment, had already been determined by the Courts.

EX TEMPORE JUDGMENT of Mr. Justice Twomey delivered on the 14th day of March, 2017.

1 This is an application to dismiss the plaintiff's proceedings, pursuant to Order 19, r. 28 of the Rules of the Superior Courts or pursuant to the Court's inherent jurisdiction, on the grounds that they disclose no reasonable cause of action and/or are frivolous or vexatious and/or are an abuse of process.

2 The primary claim in the plaintiff's statement of claim is that the defendant acted as a receiver of a supermarket premises at Oulart, Gorey, County Wexford, (the "premises") pursuant to an invalid Deed of Appointment which was executed by KBC Bank Ireland plc on the 21st July, 2014, and which also purported to appoint the defendant as a receiver the premises and to three other properties. All four properties the subject of the Deed of Appointment were owned by the plaintiff's brother, Mr. Hugh Corrigan.

3 The plaintiff states in his affidavit that he is the tenant of his brother in relation to the premises at Oulart.

No reasonable cause of action

4 For its part, the defendant has provided a sworn affidavit of Shane O'Connor dated 17th January, 2017, which provides compelling evidence that the Deed of Appointment in this case was in fact validly executed by Kevin Geraghty and Ian Larkin on behalf of KBC Bank Ireland plc pursuant to Article 84(c) of that Bank's Articles of Association and in light of a Board Minute of the Bank dated 13th December, 2013. The defendant has also produced to the Court the original Deed of Appointment duly sealed on the part of the Bank.

5 No evidence has been provided by the plaintiff to controvert this averment of Mr. O'Connor. On this basis, this Court is of the view...