Ahern v Minister for Industry and Commerce

• Jurisdiction: Ireland
• Judgment Date: 19 February 1990
• Date: 19 February 1990
• Docket Number: [1987 No. 251 J.R.]
• Court: High Court

Ahern v. Minister for Industry and Commerce

Michael Ahern

Applicant

and

The Minister for Industry and Commerce, The Controller of Patents, Designs and Trade Marks, The Minister for Finance, Ireland and The Attorney General Respondents

[1987 No. 251 J.R.]

High Court

Judicial review - Practice - Application for leave to apply for judicial review to be grounded on statement setting out relief sought and grounds for relief, together with verifying affidavit - Applicant at hearing of application for judicial review to be confined to grounds and relief set out in statement - Whether court has jurisdiction to allow amendment to grounding statement prior to hearing of application - Rules of the Superior Courts, 1986 (S.I. No. 15), O. 28, r. 1, O. 84, r. 20 (2), r. 23, O. 125, r. 1.

Order 84, r. 20 (2) of the Rules of the Superior Courts, 1986, provides that an application for leave to apply for judicial review shall be grounded on a statement setting out, inter alia, the relief sought and the grounds upon which it is sought, and an affidavit verifying the facts relied on. By r. 23 (1) of O. 84, where leave to apply for judicial review is obtained a copy of the grounding statement and the verifying affidavit must be served with the originating notice of motion or summons on all other parties and, subject to para. (2), no grounds may be relied upon or any relief sought at the hearing except the grounds and relief set out in the statement. Paragraph (2) of that rule provides that the court may, on the hearing of the motion or summons, allow the applicant to amend his statement, whether by specifying different or additional grounds of relief or otherwise, on such terms, if any, as it thinks fit and may allow further affidavits to be used if they deal with new matters arising out of an affidavit of any other party to the application.

A general power of amendment is conferred by O. 28, r. 1 which provides that the court may, at any stage of the proceedings, allow either party to alter or amend his indorsement or pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real question in controversy between the parties."Pleading" is defined by O. 125, r. 1 as including an originating summons, statement of claim, defence, counterclaim, reply, petition or answer.

The applicant, a senior examiner in the Patents Office, applied to the High Court and was granted leave to apply by way of judicial review for...