O'Keeffe v Russell

• Jurisdiction: Ireland
• Court: Supreme Court
• Judge: Finlay C.J.
• Judgment Date: 01 January 1994
• Date: 01 January 1994

1993 WJSC-SC 4243

THE SUPREME COURT

Finlay C.J.

Blayney J.

Denham J.

(300/92)

O'KEEFFE v. RUSSELL

MARY O'KEEFFE

.V.

BRIAN RUSSELL & OTHERS

Citations:

OLYMPIA PRODUCTIONS V OLYMPIA THEATRE LTD UNREP SUPREME 31.7.93

Synopsis:

SUPREME COURT

Jurisdiction

Exercise - Appeal - Issues - Determination - Novelty - Issue raised for first time - Point neither pleaded nor argued at first instance - Refusal of court to determine new issue - (300/92 - Supreme Court - 26/7/93)

|O'Keeffe v. O'Flynn Exhams & Partners|

SUPREME COURT

Appeal

Facts - Assessment - Trial judge - Findings - Basis - Inferences drawn from facts - Interpretation of documents - Appeal dismissed - (300/92 - Supreme Court - 26/7/93)

|O'Keeffe v. O'Flynn Exhams & Partners|

1 Ex-tempore judgment of Finlay C.J.delivered the 26th day of July, 1993.

2 The Court has considered the issue which has arisen in the course of the submissions in this case which is as follows.

3 The question which arises is as to whether the Court should hear full submissions on and determine a question as to whether the Defendants had a right of lien by subrogation, of a vendors lien, over the Plaintiff's interest in this property which entitled them to recoup the entire of the loan irrespective of to whom it was made from the proceeds of the sale of theproperty.

4 This was an issue which was not raised in the pleadings. The Court is satisfied that as a matter of general principle a claim for a lien must be specifically and specially pleaded, that did not occur....