Haussman v Minister for the Marine

• Jurisdiction: Ireland
• Judgment Date: 01 January 1991
• Date: 01 January 1991
• Court: High Court

(H.C.)

Haussman

and

Minister for the Marine

Judicial review - Represented party seeking copy of report furnished to Minister- Whether applicant a right to production of the report - Merchant Shipping Act, 1894 (57 58 Vict., c. 60), ss. 466, 728.

On 7 July, 1990, one of the fourth named defendant's fishery patrol vessels sank with the loss of the lives of four fishery patrol officers. The Minister for the Marine, on 9 July, appointed a person under s. 728 of the Merchant Shipping Act, 1894, to report to him upon the nature and causes of the accident. That report was duly prepared and delivered to the Minister. Subsequently a formal inquiry chaired by District Justice Michael Reilly and assisted by two assessors was established under s. 466 of the 1894 Act. The plaintiff the widow of one of the four who lost their lives in the accident, was one of those to be represented at the inquiry. She sought an order inter alia compelling the defendants to produce copies of all documents and reports in their power, possession or procurement, utilised in the course of the inquiry appointed by the Minister on 9 July, 1990...