O'Callaghan v Bus Éireann/Irish Bus

• Jurisdiction: Ireland
• Judge: Mr. Justice de Valera
• Judgment Date: 23 January 2013
• Neutral Citation: [2013] IEHC 35
• Docket Number: [No. 397 CA/2005]
• Court: High Court
• Date: 23 January 2013

[2013] IEHC 35

THE HIGH COURT

[No. 397 CA/2005]

O'Callaghan v Bus Eireann/Irish Bus

SOUTHERN CIRCUIT COUNTY OF CORK

BETWEEN

MICHAEL O'CALLAGHAN

PLAINTIFF

AND

BUS ÉIREANN/IRISH BUS

DEFENDANT

EQUAL STATUS ACT 2000 S21

EQUAL STATUS ACT 2000 S28

EQUAL STATUS ACT 2000 S21(1)

WARD v KINAHAN ELECTRICAL LTD 1984 IR 292

TORMEY v AG & IRELAND 1985 ILRM 375

GRIANAN AN AILEACH INTERPRETATIVE CENTRE CO LTD v DONEGAL CO COUNCIL 2005 ILRM 106

CRIMINAL ASSETS BUREAU v HUNT 2003 2 IR 168 2003 2 ILRM 481

Practice & procedure – Circuit Court – Jurisdiction – Hearing of claim under s 21 of Equal Status Act 2000

Facts: The plaintiff had sought to institute proceedings under s 21 of the Equal Status Act 2000. The Circuit Court had held it was not the appropriate forum to institute proceedings at first instance. The plaintiff now sought directions on whether the Circuit Court had jurisdiction to hear his claim.

Held by De Valera J, that the Oireachtas had specified in the Equal Status Act 2000 a set procedure for redress, which had exclusive jurisdictions over claims such as the plaintiff”s. The Circuit Court was clearly not the appropriate forum to hear the claim, and the ruling would be upheld. Criminal Assets Bureau v Hunt [2003] 2 ILRM 481 applied.

Mr. Justice de Valera

1 It is necessary, initially, to set down a brief chronology of the relevant proceedings:

(a) civil bill dated 24^th May, 2004;

(b) defence dated 24^th July, 2004;

2 (c) Circuit Court order dated 4^th November, 2005 (stating at paragraph 3 "The plaintiff was not entitled to proceed in the Circuit Court");

(d) notice of appeal dated 14^th November, 2005;

(e) notice of cross-appeal dated 15^th November, 2005;

3 (f) notice of motion by the defendant dated 12^th October, 2006.

4 In the notice of motion referred to above dated 12^th October, 2006 at paragraph 2, an order is sought seeking a direction as to the jurisdiction of the Circuit Court to hear, at first instance, proceedings pursuant to s. 21 of the Equal Status Act 2000, the learned Circuit Court Judge having held that the plaintiff was not entitled to bring his complaint in the first instance before the Circuit Court.

5 I have been asked by both parties to deal with this matter as a preliminary issue prior to embarking, if such should be the case, on the appeal from Judge Kenny's decision of 4^th November, 2005.

6 Prior to the issuing of the civil bill herein the plaintiff had claimed, before the Equality Tribunal on the 25^th November, 2003, pursuant to the Equal Status Act 2000, in respect of the incident alleged in the civil bill.

7 On the 13^th May, 2005 the Equality Tribunal issued a determination ruling the complaint inadmissible.

8 This decision by the Equality Tribunal wasnot appealed by the plaintiff. Such an appeal is provided for in the said Act at s. 28:

9 (1) Not later than 42 days from the date of a decision of the Director under section 25, the complainant or respondent involved in the claim may appeal against the decision to the Circuit Court by notice in writing specifying the grounds of the appeal.

10 (2) In its determination of the appeal, the Circuit Court may provide for any redress for which provision could have been made by the decision appealed against (substituting the discretion of the Circuit Court for the discretion of the Director).

11 (3) No further appeal lies, other than an appeal to the High Court on a point of law.

12 The defendant maintains that having unsuccessfully made a claim to the Equality Tribunal, as set forth above, and having failed to appeal the Equality Tribunal decision, it is not open to the plaintiff to initiate and maintain a claim in the Circuit Court.

13 Section 21 of the Equal Status Act2000 provides as follows:

14 (1) A person who claims that prohibited conduct has been directed against him or her may, subject to this section, seek redress by referring the case to the Director.

(2) Before seeking redress under this section the complainant -

15 (a) shall, within 2 months after the prohibited conducted is alleged to have occurred, or, where more than one incident of prohibited conduct is...