O'Neill v Governor of Castlerea Prison
| Jurisdiction | Ireland |
| Court | Supreme Court |
| Judge | Keane C.J. |
| Judgment Date | 01 April 2004 |
| Neutral Citation | 2004 WJSC-SC 9109 |
| Docket Number | [S.C. No. 186 of 2003] |
| Date | 01 April 2004 |
BETWEEN
AND
2004 WJSC-SC 9109
THE SUPREME COURT
Synopsis:
PRACTICE AND PROCEDURE
Setting aside
Supreme Court - Order setting aside judgment of Supreme Court - Order correcting error in judgment of Supreme Court - Whether breach of natural justice - Whether applicant denied opportunity of dealing with argument at hearing - Constitution of Ireland, Article 34 (186/2003 - Supreme Court - 1/4/2004)
O'Neill v Governor of Castlerea Prison - [2004] 1 IR 319
Facts: The applicants applied for an order setting aside the judgment of the Supreme Court and alternatively an order pursuant to Article 34 of the Constitution correcting an error in the judgment. The applicant contended that he had no opportunity of dealing with a particular argument at the Supreme Court hearing and therefore that there had been a breach of natural justice.
Held by the Supreme Court (Keane CJ, Denham, Murray, McGuinness and McCracken JJ) in dismissing the application that the case was not even remotely within the category of exceptional circumstances where a grave breach of natural justice had unwittingly occurred and the applicant was entitled to invoke the exceptional jurisdiction of the court to re-open the matter.
Reporter: R.W.
Citations:
CONSTITUTION ART 34.4.6
GREENDALE DEVELOPMENTS LTD (NO 3), RE 2000 2 IR 514
BULA LTD V TARA MINES LTD (NO 1) 1987 IR 85
NORTHERN IRELAND "GOOD FRIDAY AGREEMENT" (1998)
1st day of April 2004, by Keane C.J.
This is an application on behalf of the applicants for an order setting aside the judgment of this court delivered on the 29 th day of January, 2004 and alternatively, an order pursuant to Article 34 correcting an error in the judgment of the court delivered on that day.
The court, in considering that application, applies the principles adopted and made clear in relatively recent years as to the circumstances in which this court will regard itself as having the jurisdiction to set aside a judgment in a case already given. Article 34.4.6 of the Constitution provides that
"The decision of the Supreme Court shall in all cases be final and conclusive."
In Greendale Developments Ltd. and,...
To continue reading
Request your trial
-
Cork Harbour Alliance for a Safe Environment v an Bord Pleanála
...In addition to these English authorities, the applicant also relies on some Irish cases, namely O'Neill v. Governor of Castlerea Prison [2004] 1 IR 298 (‘ O'Neill’), Murtagh v. Judge Kilraine [2017] IEHC 384 (Barrett J.)(‘ Murtagh’) and the very recent judgment of the Supreme Court in RAS......
-
Ezeani and Another v Minister for Justice, Equality and Law Reform
...and in breach of the respondent's duty in these judicial review proceedings as per O'Neill -v- The Governor of Castlerea Prison [2004] 2. I.L.R.M. 241. As the applicants were never informed of a number of matters that were relied on to refuse their application it follows that it was proces......
-
Cork Institute of Technology v Minister for Transport, Tourism and Sport
...material in respect of which in a discovery process they would be entitled to claim privilege... (2) Save as referred to in O'Neill [v. Governor of Castlerea Prison [2004] 1 I.R. 298], there is no duty of general disclosure in judicial review proceedings. There is, however, a very high dut......
-
Fotooh v Minister for Justice
...2010 IEHC 366 R v SECRETARY OF STATE FOR THE HOME DEPT, EX PARTE AL-FAYED (NO 1) 1998 1 WLR 763 1997 1 AER 228 O'NEILL v IRELAND 2004 1 IR 298 IRISH NATIONALITY & CITIZENSHIP ACT 1956 S15 IRISH TRUST BANK LTD v CENTRAL BANK OF IRELAND 1976-7 ILRM 50 WORLDPORT IRELAND LTD, IN RE UNREP CLARKE......