Gay O'Driscoll Ltd v Kotsonouris

• Jurisdiction: Ireland
• Judge: Mr. Justice Barr
• Judgment Date: 01 January 1987
• Neutral Citation: 1987 WJSC-HC 662
• Court: High Court
• Docket Number: Judicial Review No. 7 of 1986,[1986 No. 7 J.R.]
• Date: 01 January 1987

1987 WJSC-HC 662

THE HIGH COURT

Judicial Review No. 7 of 1986

GAY O'DRISCOLL LTD v. KOTSONOURIS

(JUDICIAL REVIEW)

BETWEEN

GAY O'DRISCOLL LIMITED

APPLICANT

AND

DISTRICT JUSTICE MARY KOTSONOURIS AND FRANCIS KELLY

RESPONDENTS

Citations:

MURPHY V HENNESSY 1984 IR 378 1985 ILRM 100

Synopsis:

DISTRICT COURT

Jurisdiction

Adjournment - Discretion - Civil actions - Separate courts - Same issues - Collision between applicant's car and motor-cycle of second respondent - Applicant claimed in District Court damages from second respondent for damage to applicant's car - Second respondent claimed in High Court damages from applicant in respect of personal injuries sustained by second respondent as result of collision - Applicant's action ready for trial - Second respondent lodged in District Court the sum claimed by applicant and a sum in satisfaction of the applicant's costs in the District Court - The lodgment, which was made without admission of liability, was not accepted by the applicant - As the High Court action was not ready for trial, the second respondent applied to the respondent District Justice for an order adjourning the applicant's action, pending the determination of the second respondent's action in the High Court - The respondent District Justice made that order and the applicant, having obtained leave, here applied to the High Court for an order of mandamus compelling the District Justice to determine the applicant's action forthwith - Held, in dismissing the application, that the District Justice had a discretion which had been exercised, and that it did not appear that the discretion had been exercised improperly - (1986/7 JR - Barr J. - 15/12/86)

|Gay O'Driscoll Ltd. v. Kotsonouris|

PRACTICE

Adjournment

Discretion - District Court - Civil actions - Separate courts - Same issues - Hearing of plaintiff's action in District Court adjourned pending determination of defendant's action in the High Court - Adjournment upheld - ~See~ District Court, jurisdiction - (1986/7 JR - Barr J. - 15/12/86) 1987 IR 265

|Gay O'Driscoll Ltd. v. Kotsonouris|

1 Judgment of Mr. Justice Barr delivered on 15th of December 1986.

2 The essential facts of this case are not in dispute. On 14th January 1986 a motor vehicle the property of the Applicant then being driven by its servant, Bernard Coffey, was involved in a traffic accident with a motor cycle owned and ridden by the second Respondent, Francis Kelly. The only loss suffered by the Applicant as a result of the accident was the cost of repairing damage to its vehicle in the sum of about £800. However, it is common case that Mr. Kelly sustained severe personal injuries in the accident the value of which in damages on the basis of assessment only is substantially greater than the maximum jurisdiction of the Circuit Court in that regard. Both parties instituted...