The High Court has ordered John Harrington to pay the legal costs of three defendants after his proceedings against them were struck out as frivolous, vexatious and bound to fail.
Mr Justice Liam Kennedy had ruled on May 14, 2025 in favour of SRF Limited, Richard James Fitzpatrick and Ahyett Rosapa, striking out Harrington’s proceedings against them and also dismissing Harrington’s counter-motion. The court left the question of costs open to allow both sides to make submissions.
In a further judgment delivered on June 25, Kennedy J. held that the three defendants were entitled to their costs of the successful strike-out application, the costs of opposing Harrington’s application and the costs of the proceedings as a whole.
Harrington argued that the first and second defendants had acted dishonestly and in bad faith. The judge rejected those claims as broad and unsubstantiated assertions which had already been considered and dismissed in the earlier judgment.
Harrington also maintained that a District Court order relied upon by the defendants had been obtained unlawfully. Kennedy J. said that had not been established and that the order remained valid and enforceable. He also noted that Harrington was not a party to those District Court proceedings.
A further argument that the defendants should have settled the dispute was rejected. The court said they had no obligation to settle and found no unreasonable conduct on their part. Instead, Kennedy J. identified unreasonable conduct by Harrington, including his failure to discharge a bill, commencing proceedings without justification and naming several defendants without a legitimate basis.
The judge also rejected Harrington’s claim that seeking an early strike-out amounted to hijacking the proceedings or denying due process. The defendants were entitled to use that procedure and had succeeded in doing so.
The ruling settles the costs consequences of the May judgment. Unless the underlying strike-out decision is overturned on appeal, the case will not proceed to trial.