By Eoin Marsh
The High Court has refused to dismiss two long-running proceedings involving alleged debts of more than €1 million and a commercial property at Beacon South Quarter in Sandyford.
Matthew Wales sought to have debt and possession cases now pursued by Everyday Finance DAC struck out for want of prosecution. The debt proceedings began in February 2015. They alleged €1,024,375.49 was due at that time under loans secured in part over Suite 26, Block D, The Cubes, Beacon South Quarter. Separate possession proceedings concerning Suite 26 began in March 2017.
Mr Justice Liam Kennedy accepted that there had been serious delay. In particular, he identified about five years between delivery of Wales's defence in the debt action in March 2017 and the commencement of separate proceedings by Wales in May 2022. He said the sale of the loans to Everyday did not justify putting the litigation on hold, and criticised the slow handling of substitution applications following that sale.
However, the court found that Wales himself had also caused substantial delays. These included delays in delivering defences and pleadings, as well as later conduct in the linked proceedings which another High Court judge had described as obstructive and designed to delay progress.
Kennedy J held that the three connected cases should be considered together. They raise overlapping issues about the debt, the validity of security over Suite 26, the transfer of the loans and the appointment of receivers. They are being actively case managed by Mr Justice Cregan with a view to a combined trial.
The judge also found no credible evidence that delay had made a fair trial impossible. The core disputes are largely document-based rather than dependent on fading witness memories.
He concluded that dismissing the two actions now would be disproportionate. Both applications were refused. Wales is presumptively liable for Everyday's costs, although the court allowed both sides to make further written submissions before the final costs order is settled.