Wexford man’s 14-year litigation exhibits how some are ‘gaming the system,’ decide says – The Irish Occasions

A Wexford man’s litigation over 14 years irritating a judgment creditor’s bid for compensation of greater than €1 million exhibits how some litigants are “gaming the system”, a High Court decide has mentioned.

Judge John Jordan made his remark when refusing Brendan Kirwan’s preliminary motions looking for to strike out an utility to put aside a conveyance of his joint curiosity in a property at Coolcotts, Wexford, to his spouse Frances, leaving her as the only proprietor.

The put aside order is sought by Filbeck Limited arising from a 2012 judgment obtained towards Brendan Kirwan. The conveyance, it claims, was an effort to stop it implementing that judgment.

The decide mentioned the litigation historical past is “protracted” and “illustrates in a rather stark way how litigants such as Kirwan can delay and frustrate the delivery of justice – by abusing the court process – or by doing what many might describe as gaming the system”.

Kirwan has delayed and pissed off Filbeck getting the case heard and decided and it’s clear he “will endeavour to continue to do so if allowed”.

Kirwan’s conduct has clear penalties on this litigation, however it doesn’t finish there as his losing of courtroom time deprives different litigants of time for his or her instances, the decide mentioned.

He set out a chronology of related occasions, courting from June 1982 when Kirwan and his spouse have been registered joint house owners of the property at Glenville Road, Coolcotts, Wexford.

In early 2011, the property was registered in Frances Kirwan’s sole identify.

In late 2011, proceedings looking for abstract judgment for about €1 million towards her husband have been issued by Filbeck.

In August 2012, Kirwan issued proceedings towards Eamonn Buttle, a director of Filbeck.

In November 2012, Filbeck received judgment, in default of look, towards Brendan Kirwan for about €1.05 million.

Kirwan utilized a month later to put aside the judgment and proceedings have been commenced by him in 2013 disputing legal responsibility.

In July 2018, Filbeck issued the present proceedings looking for to put aside the 2011 conveyance of the property to Frances Kirwan.

In October 2019, the High Court dismissed his 2013 proceedings over inexcusable delay. It additionally struck out Kirwan’s 2012 proceedings towards Buttle, granted Filbeck depart to execute the judgment obtained in its 2011 proceedings and refused Kirwan’s bid to put aside that judgment.

In 2022, the Court of Appeal dismissed appeals by Kirwan. The Supreme Court agreed to listen to an extra enchantment and in May 2025 upheld the Court of Appeal choice.

Filbeck’s utility to put aside the conveyance then proceeded to listening to.

In February final, one other High Court decide refused Kirwan’s utility to put aside the judgment obtained by Filbeck.

In his judgment, Jordan mentioned a lot of what his colleague Judge Cian Ferriter had mentioned in his February choice could possibly be repeated in relation to the strike out motions introduced by Kirwan.

It is as if Kirwan and his son Barry “refuse to hear or accept they cannot rehash matters which are not new” and which Kirwan has misplaced the appropriate to litigate, the decide mentioned.

Kirwan had introduced “argumentative” motions looking for to have Filbeck’s declare struck out for quite a lot of causes, together with alleged corruption, fraud and misconduct.

Having thought of the proof and the legislation, the decide mentioned that Filbeck had a robust case for the set-aside order sought and Kirwan had superior no foundation to strike out its declare.

There was nothing to help Kirwan’s claims of corruption, fraud and misconduct, the decide mentioned. He had endured in making “entirely baseless” claims of wrongdoing towards different events and their attorneys, he mentioned.

Kirwan’s motions have been “a clear attempt” to avoid earlier remaining orders and amounted to an abuse of the courtroom’s course of, he held.

Filbeck’s utility to put aside the conveyance shall be heard on a later date.