Murphy v C (M) and Others

• Jurisdiction: Ireland
• Judge: O'Sullivan J.
• Judgment Date: 13 March 2001
• Neutral Citation: [2001] IEHC 34
• Docket Number: No. 1606p/1999
• Court: High Court
• Date: 13 March 2001

[2001] IEHC 34

THE HIGH COURT

No. 1606p/1999

MURPHY v. C (M) & ORS

IN THE MATTER OF THE PROCEEDS OF CRIME ACT 1996

BETWEEN

MICHAEL F MURPHY

PLAINTIFF/APPLICANT

AND

M. C., J. W., P. C. (OTHERWISE KNOWN AS P. C.) AND J.C.

DEFENDANTS/RESPONDENTS

Citations:

PROCEEDS OF CRIME ACT 1996 S3

PROCEEDS OF CRIME ACT 1996 S7

MURPHY V GM PB PC LTD UNREP O'HIGGINS 4.6.1999 1999/19/5948

MC V F UNREP O'SULLIVAN 26.1.2001

PROCEEDS OF CRIME ACT 1996 S4

RSC O.19 r20

RSC O.27 r1

Synopsis:

Practice and Procedure

Practice and procedure; application to dismiss plaintiff's claim for failure to furnish statement of claim; whether court may order plaintiff to deliver statement of claim; O.19, r.20, Rules of Superior Courts.

Held: Order granted directing the plaintiff to deliver statement of claim.

Murphy v. C (M) - High Court: O'Sullivan J. - 13/03/2001

The first named defendant sought an order dismissing the plaintiff's claim against him for failure to furnish a statement of claim. O'Sullivan held that the plaintiff should deliver a statement of claim. The plaintiff should do so and counsel would be consulted to discuss same.

1 JUDGMENT of O'Sullivan J.delivered the 13th of March 2001.

2 The first named defendant seeks an order dismissing the plaintiff's claim against him for failure to furnish a statement of claim.

3 An interlocutory order has already being made under Section 3 of the Proceeds of Crime Act and a receiver appointed over the assets of the defendants pursuant to Section 7 thereof. These proceedings were commenced by plenary summons and it is submitted on behalf of the defendant that the Rules of the Superior Courts impose a mandatory requirement on the plaintiff to deliver a statement of claim within specified time limits. This has not been done and the first defendant now seeks an order dismissing the proceedings. The relevant rules are so familiar as not to require recital.

4 In support of the application, Dr. Forde referred to the judgment of O'Higgins J. in Murphy -v- GM PB PC Ltd., and Another(Unreported, High Court, O'Higgins J., 4th June, 1999), where (at page 87 following) it was held that a statement of claim was not necessary because interlocutory relief only was then being sought and there was noconstitutional requirement to furnish a statement of claim given, as held, that the defendants were aware of the nature of the claim and much of the evidence. Counsel in this motion also sought to distinguish the present case from Murphy in that in the present case an interlocutory order has already being made (as has an order...