By: Mark Tottenham BL
, on April 28th, 2012
Malone v. Allison  IEHC 87 (High Court, Laffoy J, 27 February 2012)
High Court finds that plaintiff had no cause of action against defendant and grants declaration that proceedings were bound to fail.
Contract law - application to dismiss claim for failure to disclose cause of action - claim alleging illegality of contract - whether contract void - whether interest rate excessive - misrepresentation - settlement of earlier proceedings - prior undertaking by defendant to hold proceeds of sale of lands pending outcome of proceedings - plaintiff borrowed money from defendant to buy dwelling house - alleged "fraudulent endeavour" on the part of defendant - failure to obtain title to dwelling house - whether plaintiff had stateable cause of action.
Full Text on Court Services Website
Key Cases Cited
Charalambous v. Nagle  IESC 11
Belville Holdings v. Revenue Commissioners  I I.L.R.M. 29