Gibbons v Addington

 
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[2017] IESCDET 129

THE SUPREME COURT

DETERMINATION

Clarke C.J.

MacMenamin J.

O'Malley Iseult J.

BETWEEN
DECLAN GIBBONS AS PERSONAL REPRESENTATIVE OF THE ESTATE OF VERA HANLEY DECEASED
APPELLANT
CHRIS ADDINGTON
RESPONDENT
APPLICATION FOR LEAVE TO APPEAL TO WHICH ARTICLE 34.5.4° OF THE CONSTITUTION APPLIES.

Result: The Court does not grant leave to appeal.

Reasons Given:
Jurisdiction
1

This is an application for leave to appeal in respect of orders made in the High Court and Circuit Court, granting possession of the family home of the applicant to his brother in law Mr. Gibbons as personal representative of the estate of his aunt Vera Hanley (deceased). Mr. Gibbons and his sister, who is married to the applicant, are the beneficiaries of the estate.

2

As is clear from the terms of the Constitution and many determinations made by this Court since the enactment of the 33rd Amendment it is necessary, in order for this Court to grant leave, that it be established that the decision sought to be appealed either involves a matter of general public importance or that it is otherwise in the interest of justice necessary that there be an appeal to this Court.

3

The Court considers it desirable to point out that a determination of the Court on an application for leave, while it is final and conclusive so far as the parties are concerned, is a decision in relation to that application only. The issue is whether the questions raised, and the facts underpinning them, meet the constitutional criteria for leave. It will not, save in the rarest of circumstances, be appropriate to rely on a refusal of leave as having a precedential value in relation to the substantive issues in the context of a different case. Where leave is granted, any issue canvassed in the application will in due course be disposed of in the substantive decision of the Court.

The order complained of
4

The order of the Circuit Court was made on the 18 th July 2017. The judgment of the High Court was delivered earlier today, the 1 st December (see Gibbons v. Addington, Eagar J., 1 st December 2017).

5

It appears from the judgment that Mr. Gibbons wishes to sell his late aunt's home. The applicant and his wife have been...

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