Striking Out Groundless Proceedings

Under Order 19, Rule 28 of the Rules of the Superior Courts, the courts have jurisdiction, among other things, to strike out proceedings where the plaintiff has no reasonable cause of action. They also have an inherent jurisdiction to dismiss proceedings where they constitute an abuse of process. Both jurisdictions were addressed recently by Justice Murphy in Coleman v O'Neill ¹, although the focus was on the former.

Facts

The plaintiff, a solicitor, sued the defendants, directors of a credit union, for alleged negligence, breach of duty and/or breach of fiduciary duty, in and about the granting of loan facilities to certain individuals. The plaintiff had also made allegations of fraud and misfeasance of public office and breach of duty against the defendants. The plaintiff claimed that the defendants had wrongfully accepted various written undertakings given on behalf of his firm.