Kelly v Crosdale and M. J. and L. O'Toole

• Jurisdiction: Ireland
• Judgment Date: 01 January 1926
• Date: 01 January 1926
• Court: Supreme Court (Irish Free State)

S. C.,

Kelly

and

Crosdale and others

Action commenced in High Court - Transfer to Circuit Court - No affidavit grounding motion to transfer - Whether affidavit necessary - Or. LII., r. 19 - Or. LXXXIX., r. 1 - Courts of Justice Act, 1924 (No. 10 of 1924), ss. 22 and 25.

A notice of motion to transfer an action from the High Court to the Circuit Court was served by the defendants on plaintiff, but they did not serve a copy of any affidavit in support of the motion. The motion was adjourned, and a copy of an affidavit was served. At the adjourned application plaintiff objected to the motion being heard on the ground that a copy of the affidavit was not served with the notice of motion. O'Shaughnessy, J., held that there was no answer to the objection, and refused the motion with costs:—Held by the Supreme Court (reversing O'Shaughnessy, J.), that the motion should have been heard. Per Kennedy, C.J., and Murnaghan, J...