Court refuses “fundamentally misconceived” motions in respect of previously struck out defamation proceedings

Defamation proceedings - date to 2011 which was presidential cycle year - alleged defamation occurred during prime time - motions sought by defendant to have TV3 held responsible for her costs in defending the actions - court notes proceedings are already at an end - claims against TV3 were struck out by order of Keane J made on the 30th of June 2014 - claims against defendant were struck out on her own application on the 26th of July 2021 - court focuses on deciding whether the current applications are procedurally sound - court considers background to proceedings - considers the progress of the actions and the submissions - defendant makes 2 submissions - 1st that TV3 not released as Defendant when struck out in 2014 and application under slip rule is required - 2nd argument is that proceedings are not closed until a final order issues - court rejects both arguments - court concludes defendant cannot join TV3 as a codefendant where the claim against TV3 was struck out in June 2014 - further that defendant cannot join TV3 as a third party given the delay in seeking it - cites Susquehanna for this purpose - finally the defendant's claim for costs must be refused where TV3 is neither a defendant or even a third party to either of these claims.