Malone (Danny and Michael) and Malone (Hugh And Eamon)

JurisdictionNorthern Ireland
JudgeDeeny J
Judgment Date08 March 2010
Neutral Citation[2010] NICh 4
CourtChancery Division (Northern Ireland)
Date08 March 2010
Year2010
- 1 -
Neutral Citation No: [2010] NICh 4 Ref:
DEE7785
Judgment: approved by the Court for handing down Delivered:
8/3/2010
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
CHANCERY DIVISION
_________
BETWEEN:
DANNY MALONE
And
MICHAEL MALONE
Plaintiffs/Respondents;
and
HUGH MALONE
AND
EAMON MALONE
Defendants/Applicants.
________
Ruling
________
DEENY J
[1] This case raises a point of law, which seems to be novel in the
jurisdiction of Northern Ireland, as to the point in proceedings when a
defendant must object to the jurisdiction of the court, if he wishes to do so.
The defendants, who are the brothers of the plaintiffs, are sued in respect of a
commercial development for housing on lands at Dunfanaghy, County
Donegal. They contend, inter alia, that the proceedings are misplaced, partly
because they contend they are related to a limited company registered in the
Republic of Ireland rather than to the defendants as individuals. They sought
an Order from the Master by Summons of 24 September 2009 striking out the
plaintiff’s Writ of Summons and Statement of Claim on a number of grounds.
The Master refused that application and the defendants have appealed to the
High Court.

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1 cases
  • Fernhill Properties (NI) Ltd v Mulgrew (Paul)
    • United Kingdom
    • Chancery Division (Northern Ireland)
    • 21 Diciembre 2010
    ... ... case of Fernheath Development Limited v Malone & Malone [2010] NI Ch 4 for the proposition that ... ...

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