Grace v Molloy
| Jurisdiction | Ireland |
| Judgment Date | 13 May 1927 |
| Date | 13 May 1927 |
| Docket Number | (1927. No. 1699.) |
| Court | High Court (Irish Free State) |
Practice - Summary summons for Liquidated sum - Jurisdiction of the Master of the High Court - Contested case - Rules of the High Court and Supreme Court, 1926 - Or. XIII, r. 2 (xiii) - Or. XV, r. 4.
The Master of the High Court has no jurisdiction to make an order for final judgment in a claim on a summary summons for a liquidated sum where the claim is contested.
Motion.
This was an application by the defendant, under Or. XIII, r. 5, of the Rules of the High Court and Supreme Court, 1926, to discharge an order made by the Master of the High Court. A summary summons, specially indorsed with a claim for £87 10s. arrears of rent, was issued by the plaintiff. An appearance was entered by the defendant, and the case came before the Master of the High Court on 4th May, 1927. The plaintiff had duly filed his affidavit, and the defendant filed an affidavit in which he set out, by way of defence, that the premises out of which the rent was alleged to be due were occupied by him under an agreement with the plaintiff which provided that the plaintiff, who had left the district, was to remain tenant and pay the rent to the owner of the premises, and the defendant, on such payments being made by the plaintiff, was to recoup him for the same amounts. Should the plaintiff return to the district, the defendant was to give up the premises to him. The defendant stated that the plaintiff had not paid the rent due to the head landlord, and claimed that until such payments were made he was not liable. The Master made an order for final judgment for the amount claimed, on the ground that the affidavit of the defendant did not...
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ACC Bank Plc v Thomas Heffernan and Another
...judicial scrutiny, there can nonetheless be little enough doubt regarding the meaning and effect of these provisions. In Grace v. Molloy [1927] IR 405 the plaintiff issued a summary summons claiming a fixed sum by way of arrears of rent. The defendant filed a replying affidavit claiming th......
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Allied Irish Banks Plc v AIB Mortgage Bank and Others
...it had been established as early as 1927 that the Master had no jurisdiction to determine contested cases (referring to Grace v. Molloy [1927] I.R. 405). Considering the meaning of the difference between a "contested case" and an "uncontested case", he said that an uncontested case was one ......
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Allied Irish Banks Plc v Pierce
...were not in order for the purposes of Ord. 38, r. 5." 28 24. This conclusion is also borne out by other authority. In Grace v. Molloy [1927] I.R. 405 the plaintiff issued a summary summons claiming a fixed sum by way of arrears of rent. The defendant filed a replying affidavit claiming that......
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Ulster Bank Ireland Ltd v Quinn
...that this was the appropriate order in the circumstances because the motion was contested by the defendants (see Grace v. Molloy [1927] I.R. 405). The process facilitated the defendants in making their submissions to this Court as to why the matter should be sent for plenary hearing. The de......