Moore v O'Reilly

• Jurisdiction: Ireland
• Judgment Date: 31 March 1925
• Date: 31 March 1925
• Court: Supreme Court (Irish Free State)

Moore v. O'Reilly.

JOHN MOORE

Plaintiff

and

BERNARD O'REILLY, Defendant (1)

Supreme Court.

Practice - Transfer of action - Action commenced in High Court - Transfer to Circuit Court - Writ issued before the establishment of Circuit Courts - Action for specific performance - County Officers and Courts (Ireland) Act, 1877 (40 & 41 Vict. c. 56), sect. 36 - Courts of Justice Act, 1924 (No. 10 of 1924), sects. 17, 21, 25, and 51.

The Courts of Justice Act, 1924, sect. 25, provides:—"When any action shall be pending in the High Court which might have been commenced in the Circuit Court, any party to such action may . . . apply to the High Court that the action be remitted or transferred to the Circuit Court . . ."

The defendant in an action for specific performance applied to have the action transferred to the Circuit Court. At the time when the writ was issued the Circuit Court had not been established in that part of the Irish Free State to which it was sought to have the action transferred.

Held, that the action could not be transferred under sect. 25 of the Courts of Justice Act, 1924, because the action could not have been commenced in the Circuit Court at the time when it was commenced, since the Circuit Court was not then established.

M'Collum v. Tease, [1925] 2 I.R. 33, applied.

Decision of Meredith J., [1925] 1 I.R. 54, affirmed.

Appeal from an order made by Meredith J. refusing a motion by the defendant to transfer to the Circuit Court at Cavan, an action begun in the High Court, for the specific performance of an agreement for the sale of a farm in the County of Cavan. The decision of Meredith J. is reported ante, p. 54. From that decision the defendant appealed.

At the time of the issue of the writ the Circuit Court had not been established in that part of the Irish Free State to which it was sought to have the action transferred.

Kennedy C.J. :—

I am of opinion this application is ruled by M'Collum v.Tease(1), and see no reason to differ from the views there expressed. The Circuit Court was not established on the date the writ...