The High Court dismissed Richard O’Hara’s claim against Start Mortgages DAC, finding that it disclosed no reasonable cause of action and could not succeed. The court also held that the proceedings were an abuse of process.
Mr Justice Brian O’Moore gave judgment on 19 May 2023 after hearing Start Mortgages’ application to strike out the proceedings against it. The application was made under Order 19, rule 28 of the Rules of the Superior Courts and the court’s inherent jurisdiction.
O’Hara’s claim sought €2 million in damages. He argued that constitutional and European treaty provisions made him immune from court summonses and orders, and referred to other cases and investigations. The judgment records those assertions as claims in his pleadings; it does not find them established. The judge noted that the plaintiff had not supported with evidence his allegation that a court judgment was removed from the Courts Service website to conceal a supposed immunity from summonses.
Start Mortgages said the proceedings were frivolous and vexatious, disclosed no reasonable cause of action and were bound to fail. Its solicitor’s affidavit also described the case as a retaliatory attack intended to embarrass the company. O’Hara’s responding affidavit accused the solicitor of perjury and treason. The judge rejected the perjury allegation against the solicitor and said O’Hara had not disputed the assertion about his purpose in bringing the proceedings.
At the 19 April 2023 hearing, O’Hara asked to adjourn the application so it could be heard alongside a separate motion seeking contempt orders and an injunction concerning land identified in that motion by a folio number. The judge refused. He said Start Mortgages was not a respondent to the other motion, the strike-out application should be decided first, and an adjournment would add costs without a cogent reason.
Applying the principles for striking out a claim at an early stage, the judge said O’Hara had not attempted to establish a stateable basis for his claim to immunity from all court summonses and orders. He concluded the proceedings could not succeed and dismissed the action under Order 90, rule 28, as well as under the court’s inherent jurisdiction.
The ruling concerned the proceedings as they related to Start Mortgages. The court listed the case for mention on 21 June 2023 to decide outstanding issues, including the costs of the motion and of the proceedings insofar as they related to the company.