Desmond v Moriarty
| Jurisdiction | Ireland |
| Judge | Clarke J.,MacMenamin J.,Laffoy J. |
| Judgment Date | 07 July 2015 |
| Neutral Citation | [2015] IESCDET 28 |
| Court | Supreme Court |
| Date | 07 July 2015 |
[2015] IESCDET 28
THE SUPREME COURT
DETERMINATION
Clarke J.
MacMenamin J.
Laffoy J.
This determination relates to an application brought by the plaintiff/appellant (‘Mr. Desmond’) in which he seeks a determination under Article 64.3.3 of Bunreacht na hÉireann to cancel, insofar as this appeal is concerned, the direction given by the Chief Justice (with the concurrence of the other members of the Court) under Art. 64.3.1 specifying appeals which are to be heard in the Court of Appeal.
The general approach of this Court to such applications has been set out in a number of previous determinations of the Court not least in Fox v. Mahon and ors [2015] IESCDET 2.
However, the basis on which Mr. Desmond seeks to have his appeal retained by this Court is somewhat unusual and raises a different point to those raised in previous applications under Art. 64.3.3.
In order to address that point it is necessary to say a little about the background to these proceedings. In the course of the conduct of the tribunal of inquiry of which the defendant/respondent (‘the Tribunal’) was the sole member, Mr. Desmond took issue with the manner in which the tribunal proposed to deal with evidence concerning a report which had been made by John Glackin arising out of a previous statutory investigation. Mr. Desmond brought judicial review proceedings seeking to challenge the relevant tribunal procedures. The judicial review proceedings were unsuccessful before the High Court and this Court (both judgments reported as Desmond v. Moriarty [2004] 1 I.R. 334). In these proceedings Mr. Desmond seeks to have those judgments and orders set aside on the grounds of an allegation that affidavit evidence tendered on behalf of the Tribunal in the course of those proceedings was, it is alleged, misleading and made with a sufficient degree of recklessness as to the truth of the relevant averments such as would justify this Court setting aside its previous order.
The Tribunal brought an application before the High Court, in these proceedings, seeking to strike out or dismiss Mr....
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Kelly v University College Dublin
... ... 12 Finally, it is necessary to touch on the reference made by Mr. Kelly in his application to the determination of this Court in Desmond v. Moriarty [2015] IESC DET 28. It is important to note that, in Desmond, what was sought was to set aside the final result of a specific case in ... ...