Kennedy v McGlure

JurisdictionIreland
CourtSupreme Court
Judgment Date24 Apr 1942

Supreme Court

Kennedy v. McGlure.
In be Workmen's Compensation Act, 1906, HUGH KENNEDY
Applicant
and
JOHN McGLURE,Respondent (1)

Practice - Appeal - Jurisdiction - Workmen's Compensation Act, 1906 (6 Ed.7, c. 58), Schedule II, Art. 4 - Workmen's Compensation Act, 1934 (No. 9of 1934), s. 3 - Accident occurring before commencement of Act of 1934 -Award of compensation made under Act of 1906 - Employer applying subsequently to review and terminate weekly payment - Appeal from order of Circuit Court dismissing application - Jurisdiction of Supreme Court to hear appeal - Courts of Justice Act, 1924 (No. 10 of 1924), ss. 18, 51and 61 - Courts of Justice Act, 1936 (No. 48 of 1936), ss. 3, 30, 37and 38.

Preliminary objection on behalf of John McGlure to the jurisdiction of the Supreme Court to hear an appeal brought by Hugh Kennedy, trading as Peter Kennedy, against an order made by the Circuit Court Judge of Dublin (Judge Davitt) on the 16th January, 1939. By the said order the Circuit Court Judge dismissed an application by the said Hugh Kennedy under the Workmen's Compensation Act, 1906, to review and terminate an award of compensation made under the Act by the Circuit Court Judge on the 14th October, 1932, for the payment by the said Hugh Kennedy to the said John McGlure of £1 per week.

The facts are sufficiently stated, for the purpose of this report, in the judgment of Sullivan C.J.

A workman, who was injured as a result of an accident arising out of and in the course of his employment, obtained in the year 1932 an award in the Circuit Court under the Workmen's Compensation Act, 1906, of £1 per week on the basis of partial incapacity. In the year 1939 his employer applied under the Act to the Circuit Court to review and terminate the weekly payment. The application was dismissed by the Circuit Court and, on an appeal being taken to the Supreme Court, a preliminary objection was made on behalf of the workman to the jurisdiction of that Court to hear the appeal.

Held by the Supreme Court that the repeal of s. 61 of the Courts of Justice Act, 1924, by s. 3 of the Courts of Justice Act, 1936, did not operate to enlarge the jurisdiction of the Supreme Court so as to include the hearing of an appeal from an order made by the Circuit Court under the Workmen's Compensation Act, 1906 and therefore an appeal from such order lies to the High Court, as provided by s. 38 of the Courts of Justice Act, 1936, and not to the Supreme Court.

Cur. adv....

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT