The High Court has ruled that a man who alleges he was abused by two Christian brothers more than 40 years ago cannot sue the State for damages.
Mr Justice John Quirke granted an application on behalf of the Minister for Education and Science, the Minister for and Health and Children and the State for an order restraining the man from proceeding with his claim for damages against them.
Mr Justice Quirke said he was making the order "in the interests of justice".
It would be unfair to allow the case go ahead given the inordinate and inexcusable delay by the man, now is his late 50's, in commencing and prosecuting the proceedings, he held.
"It would be absurd to suggest otherwise since almost 50 years have passed between the date of the first alleged wrongdoing and the commencement of these proceedings."
At least 13 relevant witnesses are now deceased and most of the documentation which had the "greatest relevance to the claim" was no longer accessible, he said.
"I am satisfied that the delay and the consequent prejudiced to the State in the special circumstances of this case make it unfair to the State to allow the action to proceed."
The plaintiff alleges he was abused at a Christian Brothers school in the Munster region between 1953 and 1963.
He claimed the state was responsible for the conduct of two Christian Brothers, whom he claimed had assaulted, battered, abused and falsely imprisoned him while he was a pupil.
The alleged abuse started when he was nine years old and continued until he was 14. It was claimed the alleged abuse amounted to negligence and breach of statutory duty by the State.
The man had said in an affidavit that the reason for the delay in brining the action was because he was, until 1987, "a chronic alcoholic" with "no control over my life".
He also said he continues to "have a feeling of being dirty, having anxiety, a feeling that I could not tell anyone about what happened to me, a feeling that nothing could be done about it."
The man also said he first spoke to his solicitor about the alleged abuse in 1999 after learning about the Child Abuse Commission.