Aurivo Co-Operative Society Ltd v Tolan

• Jurisdiction: Ireland
• Judge: Clarke J.,MacMenamin J.,O'Malley J.
• Judgment Date: 25 July 2017
• Neutral Citation: [2017] IESCDET 87
• Court: Supreme Court
• Date: 25 July 2017

[2017] IESCDET 87

THE SUPREME COURT

DETERMINATION

Clarke J.

MacMenamin J.

O'Malley J.

BETWEEN

AURIVO CO-OPERATIVE SOCIETY LIMITED

RESPONDENT

AND

FINBAR TOLAN

APPLICANT

APPLICATION FOR LEAVE TO APPEAL TO WHICH ARTICLE 34.5.3° OF THE CONSTITUTION APPLIES.

Result: The Court does not grant leave to the Applicant to appeal to this Court from the Court of Appeal.

Reasons Given:

1 The notices lodged by the applicant and respondent are available on this website.

Jurisdiction

2 The jurisdiction of the Supreme Court to hear appeals is set out in the Constitution.

3 Article 34 of the Constitution provides for the public administration of justice; describes the courts established by the Constitution, and those which may be established by law; provides for the full and original jurisdiction of the High Court; establishes the Court of Appeal under Article 34.2; and sets out its appellate jurisdiction under Article 34.4.1°. This states:

‘1° The Court of Appeal shall –

(i) Save as otherwise provided by this Article,

(ii)With such exceptions and subject to such regulations as may be prescribed by law, have appellate jurisdiction from all decisions of the High Court, and also shall have appellate jurisdiction from such decisions of other courts as may be prescribed by law.’

4 Article 34.4.3° of the Constitution also provides for the finality of decisions of the Court of Appeal, save for appeals that may be taken to the Supreme Court from its decisions under Article 34.5.3°.

5 Under Article 34.5.4° it is possible for a decision of the High Court to be directly appealed to the Supreme Court, bypassing the Court of Appeal. This type of appeal is sometimes referred to colloquially as a ‘leap-frog’ appeal.

6 The Article relevant to this appeal is Article 34.5.3°, which states:

‘The Supreme Court shall, subject to such regulations as may be prescribed by law, have appellate jurisdiction from a decision of the Court of Appeal if the Supreme Court is satisfied that -

(i) the decision involves a matter of general public importance, or

(ii) in the interests of justice it is necessary that there be an appeal to the Supreme Court.’

7 The decision of the Supreme Court under Article 34.5.6 is, in all cases, ‘final and conclusive’.

8 Primarily, this Court is now ‘subject to such regulations as may be prescribed by law’, an appellate jurisdiction from the Court of Appeal. Such an appeal may only be exercised provided that this Court is satisfied, either that the relevant decision of the Court of Appeal ‘involves a matter of general public importance’, or, alternatively, that it is ‘in the interests of justice’, necessary that there be an appeal to this Court. The constitutional framework established by the 33rd Amendment of the Constitution thus requires, in order for a party to be entitled to appeal to this Court from a decision of the Court of Appeal, that it be demonstrated that either ‘a matter of general public importance’ arises, or that, ‘in the interests of justice, it is necessary that there be an appeal’ to this Court.

9 The statutory framework for the exercise of the right to appeal to this Court for such leave is to be found in the Court of Appeal Act, 2014, and, in particular, the provisions of s.44 of that Act, which inserts a new s.7 into the Courts (Supplemental Provisions) Act, 1961.

10 The Rules of Court are set out...