Devrajan v District Judge Ballagh
| Jurisdiction | Ireland |
| Court | Supreme Court |
| Judge | Finlay C.J. |
| Judgment Date | 11 June 1993 |
| Neutral Citation | 1994 WJSC-SC 2516 |
| Date | 11 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.
AND
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|
Ex-tempore Judgment of Finlay C.J.deliveredthe 11th day of June, 1993. [NEM DISS]
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.
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.
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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