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Man’s 17-year litigation is ‘instrument of oppression’ against ex-wife, judge says

A person’s “relentless” pursuit of litigation over some 17 years in opposition to his ex spouse just isn’t motivated by a real need to vindicate his rights “but rather to weaponise litigation as an instrument of oppression against her”, a Court of Appeal decide has stated.

Mr Justice Seamus Noonan made the touch upon Wednesday within the three decide court docket’s judgment dismissing the person’s enchantment over being refused depart to carry judicial evaluation proceedings over a authorized prices determination.

The decide famous the underlying household legislation proceedings now span nearly twenty years. A January 2019 affidavit from the girl’s solicitor indicated, at that stage, the proceedings had continued for 17 years and brought upwards of 135 days in court docket.

That “remarkable statistic” has been since exceeded, the decide stated.

He famous, as an adjunct to earlier judicial separation and divorce proceedings within the Circuit Court, the girl sought an order in 2014 for partition and sale of lands topic of a property adjustment order within the household proceedings. The lands comprised parcels in two folios and the Circuit Court in April 2015 made an order for his or her sale, with the proceeds to be equally divided between the events.

The man misplaced a High Court enchantment on January twenty sixth 2016 over that order. It then transpired one of many parcels of land was bought by him some years earlier, a truth not beforehand disclosed to the court docket or the girl, the decide stated.

Three days later, the High Court granted an injunction restraining him dissipating the proceeds of that sale. In January 2017, the High Court made an order for distribution of the proceeds, directing €75,000 be retained in court docket from the person’s share pending the taxation of the girl’s prices within the litigation over the land partition.

The taxation was carried out over two days in June 2018 by Niall Rooney, County Registrar of Waterford, sitting as County Registrar of Cork, sitting as a taxing grasp. The man represented himself and the girl was represented by a solicitor.

Mr Justice Noonan stated the person raised no complaints throughout the listening to in regards to the taxation course of and had not appealed the certificates of taxation.

Instead, in October 2018, he sought depart to carry judicial evaluation proceedings, the third such software on this litigation, geared toward quashing the certificates and to have one other county registrar hear the matter. He argued, inter alia, Mr Rooney had not adopted the taxation process set out so as 99 of the Rules of the Supreme Courts.

The High Court directed the depart software be heard on discover to the girl and finally, in August 2019, refused depart. Reasons for its refusal have been set out in a written judgment of January 2020, together with findings there was no proof to recommend the taxation was not performed totally pretty and the person’s basic issue was confusion on his half between the High Court and Circuit Court guidelines on taxation.

The man appealed and this was dismissed on Wednesday by the Court of Appeal.

Mr Justice Noonan stated he agreed totally with the High Court and was happy there was no foundation for the person’s competition the county registrar was obliged, in conducting the taxation, to undertake the Order 99 process.

There was nothing on this case that approaches an debatable floor there was bias, precise or goal, of the a part of the county registrar or trial decide, he additionally held.

Given the “extraordinary” historical past of this litigation, it’s “impossible to avoid the conclusion the man’s relentless pursuit of litigation against the woman is not motivated by a genuine desire to vindicate his rights but rather to weaponise litigation as an instrument of oppression against her”, he stated.

“In my view, it should not be permitted to continue.” He would due to this fact dismiss this enchantment.

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