McGinn v Beagan
| Jurisdiction | Ireland |
| Judgment Date | 04 May 1962 |
| Date | 04 May 1962 |
| Court | High Court |
Improper motive - Collateral object - Abuse of process of Court -Bankruptcy (Ireland) Amendment Act, 1872, s. 21 (6).
The Court has an inherent jurisdiction to stay oppressive proceedings which are an abuse of the process of the Court. The Court will stay all proceedings under a debtor's summons where it has been issued, not to get payment or to make assets available for creditors, but for some collateral purpose. B.'s business failed in 1958 and judgments to the extent of nearly £2,000 were obtained against him. The judgments remained largely unexecuted as B. had no assets. In 1961 McG. procured the assignment to himself of the balance due on foot of one such judgment—£165 17s. 10d.—for £100. On the 27th March, 1962 McG. issued a debtor's summons against B., founded on the judgment debt. There was a long history of personal ill-will on the part of McG. towards B. On B.'s motion to dismiss the summons as vexatious and an abuse of the process of the Court or alternatively to stay all proceedings thereunder on the grounds that it had...
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Minister for Communications, Energy & Natural Resources v Michael Wymes (a bankrupt)
...these grounds, Dunne J. opined as follows: “ Abuse of process/collateral purpose Mr. Wymes referred to the well known case of McGinn v. Beagan [1962] I.R. 364 from which it is clear that if the purpose for which a summons was issued was not to secure payments of debts due but was for an im......
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Minister for Communications v Wood
...could arise on this basis. Abuse of process/collateral purpose 41 Mr. Wymes referred to the well known case of McGinn v. Beagan [1962] I.R. 364 from which it is clear that if the purpose for which a summons was issued was not to secure payments of debts due but was for an improper reason t......
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Aabar Block S.A.R.L. v Glenn Maud
... ... 85 One such example was the Irish case of McGinn v Beagan [1962] IR 364 ... The petitioner, McGinn, was the town clerk of the Castleblayney Urban District Council and the debtor, Beagan, was a town ... ...
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Gerard Harrahill v Simon W. Kennedy
...v A Debtor (Unrep, ex tempore, SC, 27/1/1995); Minister for Communications v MW [2009] IEHC 413, [2010] 3 IR 1 and McGinn v Beagan [1962] IR 364 considered - Bankruptcy Act 1988 (No 27), ss 8(6)(b) and 16 - Courts Act 1981 (No 11), ss 2A and 22(1) - Taxes Consolidation Act 1997 (No 39), s 1......