Johanna De La Hunt v Mary Laffan

JurisdictionIreland
CourtHigh Court (Irish Free State)
Judgment Date06 July 1927
Date06 July 1927
de la Hunt v. Laffan.
JOHANNA DE LA HUNT
Plaintiff
and
MARY LAFFAN
Defendant.

Practice - Transfer of action - Transfer to Circuit Court - Application by party to action necessary - Time for application Jurisdiction of the Master of the High Court - Courts of Justice Act, 1924 (No. 10of 1924), sect. 25 - Rules of the High Court and Supreme Court, 1926,Or. I, r. 1 - Or. IV, r. 3 - Or. XIII, r. 2 - Or. XXVIII, rr. 1 and 2.

Summary Summons placed in the Court List by the Master of the High Court pursuant to Order XIII, rule 4, of the Rules. of the High Court and Supreme Court, 1926.

The Master in his memorandum stated as follows:—"This summons came before me to have an account taken of the amount due by the defendant to the plaintiff on foot of a mortgage, and to have same declared well charged on certain lands.

There was no appearance for the defendant, and plaintiff's solicitors admitted that the case was within the jurisdiction of the Circuit Court. As in similar cases, both at common law and in equity, I stated that I would make an order in the terms of the summons, but would transfer all further proceedings in reference to the taking of the account and the sale of the lands to the Circuit Court.

Plaintiff's solicitors dissented from this course, on the ground that there was no objection by the defendant, and that the plaintiff was entitled, at her own risk of costs, to have the proceedings completed in the High Court. As I thought that the Legislature intended that such proceedings should be carried out in the Circuit Court and had arranged for sufficient staff in the Circuit Court offices for the carrying out of such duties, I was not prepared to do anything further than make the preliminary order."

The Master of the High Court has no jurisdiction of his own motion, after declaring a mortgage well charged, to transfer the taking of accounts to the Circuit Court.

So Held by Meredith J.

Cur. adv. vult.

Meredith J.:—

On a memorandum from the Master, I have to decide whether or not the Master has jurisdiction of his own motion, after declaring a mortgage well charged, to transfer the taking of accounts to the Circuit Court. The Rules under the Courts of Justice Act, 1924, could not extend the jurisdiction to remit or transfer actions given by sect. 25 of the Act, and they do not seem to me to purport to do so. Accordingly, as sect. 25...

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