Devrajan v District Judge Ballagh

JurisdictionIreland
CourtSupreme Court
JudgeFinlay C.J.
Judgment Date11 June 1993
Neutral Citation1994 WJSC-SC 2516
Date11 June 1993
Docket Number(28/93),[S.C. No. 28 of 1993]

1994 WJSC-SC 2516

THE SUPREME COURT

Finlay C.J.

O'Flaherty J.

Egan J.

(28/93)
DEVRAJAN v. BALLAGH
SRINIVASAN DEVRAJAN
.V.
DISTRICT JUDGE BALLAGH&ANOR.

AND

FORT SHIPPING SERVICES BV (NOTICEPARTY)

Citations:

JURISDICTION OF COURTS & ENFORCEMENT OF FOREIGN JUDGMENTS (EUROPEAN COMMUNITIES) ACT 1988

CAMPBELL INTERNATIONAL TRADING HOUSE LTD V VAN AART 1992 2 IR 305

BRUSSELS CONVENTION ART 5(1)

BRUSSELS CONVENTION ART 18

Synopsis:

CONFLICT OF LAWS

Contract

Breach - Action - Trial - High Court - Jurisdiction - Ship's officer - Officer employed by Dutch shipping company - Place of performance of obligation in question - Unconditional appearance entered by employer to employee's action in Ireland - Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988, s. 3, 1st schedule, article 18 - (28/93 - Supreme Court - 11/6/93)

|Devrajan v. Ballagh|

PRACTICE

Action

Appearance - Condition - Absence - Court - Jurisdiction - Challenge - Delay - Foreign defendant not permitted to object to jurisdiction of court - (28/93 - Supreme Court - 11/6/93) - [1993] 3 I.R. 377

|Devrajan v. Ballagh|

1

Ex-tempore Judgment of Finlay C.J.deliveredthe 11th day of June, 1993. [NEM DISS]

2

This is an appeal brought by the Applicant for Judicial Review against a refusal made by the High Court (Mr. Justice O'Hanlon) of his application for a declaration that certain proceedings which he brought against the Fort Shipping Services BV in respect of a claim he makes for a contract which he allegeswas entered into between them and him concerning his work on boats owned and run by that Defendant company was a claim which, pursuant to the provisions of the Convention Act were capable of being brought in this country and in respect of which the District Court in this country hadjurisdiction.

3

The matter came before Judge Ballagh of the District Court and he concluded that he had not got jurisdiction. Against that decision the Applicant appealed and the matter came before His Honour Judge Kelly of the Circuit Court and he came to a similar conclusion. The Applicant has sought to quash both those orders and the Notice Party, the Shipping company concerned, has disputed that and was successful in the HighCourt.

4

Mr. Justice O'Hanlon held in the High Court in short that having regard to the nature of the contract and the fact that the services had to be carried out outside this country (services being...

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4 cases
  • Rory Ennis v Allied Irish Banks Plc
    • Ireland
    • Supreme Court
    • 15 March 2021
    ...where a lay litigant seeks to raise a new point on appeal (para. 23–190. See also, Lopes, and Devrajan v. District Judge Ballagh [1993] 3 I.R. 377). Decision 71 I preface this concluding section of this judgment with the simple observation that courts can do many things, but cannot always p......
  • Kells Quarry Products Ltd v Kerry County Council
    • Ireland
    • High Court
    • 11 March 2010
    ...ASSOCIATION LTD v BORD PLEANALA & ORS UNREP KELLY 14.3.2007 2007/59/12596 2007 IEHC 86 DEVRAJAN v JUDGE BALLAGH & JUDGE KELLY 1993 3 IR 377 1994/9/2516 DAWSON v JUDGE HAMILL (NO 2) 1991 1 IR 213 MURPHY v JUDGE WALLACE & ORS 1993 2 IR 138 1990 ITR 229 1990/10/2838 BROWNE v KERRY ......
  • Avobone NV v Aurelian Oil and Gas Ltd
    • Ireland
    • High Court
    • 11 November 2016
    ...to the jurisdiction of the Irish courts and they rely on Popely v. Popley [2006] 4 I.R. 356 and Devrajan v. District Judge Ballagh [1993] 3 I.R. 377, as authority for the proposition that the respondents are required to provide a proper explanation for the original error and the continuatio......
  • Malone (Danny and Michael) and Malone (Hugh And Eamon)
    • United Kingdom
    • Chancery Division (Northern Ireland)
    • 8 March 2010
    ...... extensions of time and indeed some correspondence but the learned judge, rightly in my view, took the view that that did not amount to an ...Ballagh [1993] 3 Irish Report 377. The judgment of the Supreme Court was again ......

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