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Proceedings against receivers disclose no reasonable cause of action

By: Colm Scott Byrne BL

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High Court, in an ex tempore judgment, grants an order striking out the plaintiff's statement of claim against the second and third defendants, on the grounds that it discloses no reasonable cause of action against those named defendants, and the statement of claim is frivolous and vexatious as the plaintiff had failed to plead allegations of fraud and breach of trust which he made in oral submissions, and failed to point to any infirmity in the appointment of the receivers; and the court also vacates a lis pendens on a property the subject matter of the proceedings, on the grounds that the proceedings against the receiver, who has power to sell the house now, are not being prosecuted bona fide.

Application to dismiss statement of claim on the grounds that it discloses no cause of action against the second and third named defendants, is frivolous, vexatious and/or is bound to fail - Order 19, rule 28 of the Rules of the Superior Courts - inherent jurisdiction - plaintiff failed to particularise allegations made against defendants in statement of claim - statement of claim is not directed is not directed towards any remedy - inability to plead claim properly cannot be overcome by fact plaintiff is a lay litigant - failed to point to any infirmity in the appointment of the receivers - no stateable claim against the second and third named defendants - statement of claim struck out - lis pendens vacated.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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