The High Court has struck out separate proceedings brought by June Smith and her daughter, Jane Smith, seeking to challenge ACC Loan Management’s ability to sell a farm in County Laois. Mr Justice Twomey held on 21 July 2017 that both sets of proceedings were an abuse of process, following earlier decisions that similar challenges by each woman were abusive.
The court was also asked to make Isaac Wunder orders restricting future proceedings about the farm and the borrowings secured against it. It made orders against both women. The judgment says Jane Smith is restrained from issuing proceedings or registering further lis pendens in relation to the farm, with the restriction extended to anyone acting in concert with her. June Smith was already subject to an order preventing further lis pendens; that order was amended to cover anyone acting in concert with her. The orders are limited to litigation concerning the farm and secured borrowings.
The dispute concerns a farm mortgaged to ACC by June Smith and her husband, James Smith, as security for borrowings that were not repaid. ACC obtained judgment against the couple in February 2012 for almost €2 million. A receiver was appointed in March 2014 and contracted to sell part of the farm. The intended purchaser had issued a completion notice, but lis pendens registered by the women had hindered the sale.
Jane Smith’s current proceedings, issued in March 2017, sought a declaration that she owned the farm and an injunction preventing ACC from entering or selling it. June Smith’s proceedings, issued in July 2016, sought, among other relief, recognition of her ownership, the setting aside of the receiver’s appointment and an order preventing the sale. The judgment recounts that earlier proceedings brought by each woman challenging the sale had been dismissed as abusive by the High Court and Court of Appeal.
The court said it was not making an order requiring William Murphy, who had assisted the women as a McKenzie Friend, to obtain prior judicial leave before acting in that role. ACC had indicated it did not wish to pursue that order at the hearing. The court granted ACC liberty to apply for one in the future.
A separate motion by June Smith alleging a reasonable perception of objective bias by a judge in earlier proceedings was listed to be heard on 16 October 2017. The court said any order it made against her would lapse if she succeeded in that motion.