The High Court dismissed Neil Reidy’s judicial review proceedings over remarks he said a District Court judge made during a hearing, holding that the judge had absolute immunity for statements made in court.
Mr Justice Meenan delivered the judgment on 8 February 2019. The proceedings concerned hearings in a claim by Lorcan O’Donoghue, trading as Lorcan O’Donoghue Waterpumps, for money allegedly owed by Reidy.
At a District Court hearing on 22 June 2017, a decree was granted in O’Donoghue’s favour for €15,000 plus costs. Reidy withdrew his counterclaim. The court also awarded costs to him in defending the counterclaim. After a notice of appeal was not lodged within the required time, Reidy sought an extension. On 18 September 2017, the District Court ordered him to lodge the full judgment amount and costs within 14 days if he wished to appeal. He did not comply, and no appeal was in being.
Reidy later brought Circuit Court proceedings seeking to relitigate matters determined in the District Court. Those proceedings were struck out on 13 March 2018 as res judicata and an abuse of process, with costs awarded to O’Donoghue. Reidy appealed that order to the High Court.
The judicial review arose from two District Court hearings. Reidy said the judge questioned a medical report he produced when seeking an adjournment on 22 March 2017, thereby calling his good name into question; he said the matter was reported in a local newspaper. He also complained about the conduct of the 22 June hearing, including being sworn and not having a full opportunity to present his defence, cross-examine or call witnesses.
The judge found the complaint about being sworn was not well-founded: Reidy was representing himself and giving evidence, and the request that he be sworn came from O’Donoghue. The court noted that Reidy advanced no case, beyond an assertion in his grounds, that he had been denied the opportunity to cross-examine or call witnesses. It found no evidence of judicial bias.
The court identified the principal complaint as alleged defamatory remarks by the District Court judge on 22 March 2017. It held that the judge had absolute immunity for statements made in a court hearing, leaving no basis for the application. Additional grounds raised in a November 2018 affidavit were not considered: no leave had been sought to add them, and they were considerably out of time.
Mr Justice Meenan concluded that Reidy had no stateable grounds and dismissed the judicial review proceedings. He added that their history made it difficult to avoid the conclusion that they had been initiated to frustrate O’Donoghue’s proceedings for money due. The judgment records that those proceedings were effectively concluded in the District Court on 22 June 2017.