Talbot -v- McCann Fitzgerald Solicitors & ors, [2009] IESC 25 (2009)

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Talbot -v- McCann Fitzgerald Solicitors & ors, [2009] IESC 25 (2009)

THE SUPREME COURT

[Appeal No: 114/06]

Denham J.

Kearns J.

Clarke J.

Between/

Thomas Talbot

Applicant/Appellant

and

McCann Fitzgerald Solicitors

Mrs Thérèse Talbot

Judge Michael White

Judge Jacqueline Linnane

Court Services

Chief State Solicitor

Defendants/Respondents

Judgment delivered the 26th day of March, 2009 by Denham J.

1. Application

Thomas Talbot, the plaintiff/appellant, hereinafter referred to as "the appellant", has brought an ex parte motion and notice of vacation seeking to set aside a final judgment and order of this Court delivered on the 29th June, 2007, dismissing his appeal from a judgment and order of the High Court given and made on the 6th February, 2006, which refused his application for leave to apply for judicial review.

2. Exceptional Jurisdiction

The appellant seeks to set aside a final judgment and order of this Court. He requests this Court to exercise a jurisdiction which arises only in extremely rare and exceptional cases.

3. Constitutional Principle

The fundamental constitutional principle is that the decision of the Supreme Court is final and conclusive on matters which have been raised before it and on which a final order has been made. This principle is grounded in the Constitution of Ireland, 1937, Article 34.4.6˚ which provides:-

"The decision of the Supreme Court shall in all cases be final and conclusive."

4. Exceptions

Under the common law a final order is conclusive also, however, a few exceptions exist. These exceptions relate to technical matters and do not establish a right to review a final order. In Belville Holdings Ltd. v. Revenue Commissioners [1994] 1 I.L.R.M. 29 at pp.36 and 37 Finlay C.J. stated:-

"There is, however, I am satisfied, a wider and more fundamental jurisdiction in a court to amend an order which it has previously made, even though that order is in the form of a final order and has been perfected.

We have not been referred to, nor have I been able to discover, any decision of this Court or of the Irish courts dealing with this question."

Finlay C.J. reviewed some de...

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