The High Court struck out two plenary claims brought by Thomas Mullaney against Danske Bank and other defendants, refused his motion alleging contempt and perjury, and ordered the discharge of lis pendens registered against four Roscommon folios.
In a judgment delivered on 17 January 2023, Mr Justice Dignam ruled that Mullaney’s 2014 proceedings had become bound to fail after his bankruptcy. The right to sue over the loans and related property had vested in the Official Assignee, who said the estate would not benefit from continuing the actions. Mullaney had not shown that he sought the Official Assignee’s permission to continue or asked for the right of action to be assigned to him.
The court also relied on an earlier bankruptcy judgment, which had proceeded on the basis that Mullaney admitted the debts during personal insolvency proceedings and undertook to discontinue the 2014 case. Mullaney had not appealed the bankruptcy order. The High Court struck out the 2014 claim under its inherent jurisdiction.
The second case, issued in October 2021, argued that Mullaney should be immune from court summonses and orders. The claim relied on alleged procedural failures in other cases and invoked equality under the Constitution and the Treaty on European Union. The judge held that the pleaded facts could not support the claimed immunity or the assertion that the courts should be suspended. He struck out that case under Order 19, rule 28 of the Rules of the Superior Courts and the court’s inherent jurisdiction.
The judge rejected Mullaney’s motion seeking contempt relief against Danske and solicitors acting for it, and an investigation and prosecution for perjury against one solicitor. Applying to have proceedings struck out was not contempt, the judgment said; the solicitor was not a party, and no breach of a court order was alleged. The solicitor had described the proceedings as frivolous and vexatious, not Mullaney’s constitutional rights. The judge found no evidence that the solicitor’s stated opinion was dishonest.
The court did not determine Danske’s request to dismiss the 2014 proceedings for want of prosecution, after counsel said the bank was not asking the court to decide that ground. It did, however, order the lis pendens vacated from folios 1991F, 28094, 15931F and 1824F in County Roscommon.