O'Neill v Governor of Castlerea Prison

JurisdictionIreland
CourtSupreme Court
JudgeKeane C.J.
Judgment Date01 April 2004
Neutral Citation2004 WJSC-SC 9109
Docket Number[S.C. No. 186 of 2003]
Date01 April 2004
MICHAEL O'NEILL & JOHN QUINN v. GOVERNOR OF CASTLEREA PRISON & ORS

BETWEEN

MICHAEL O'NEILL AND JOHN QUINN
APPELLANTS/APPLICANTS

AND

THE GOVERNOR OF CASTLEREA PRISON, THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM AND THE GOVERNMENT OF IRELAND
RESPONDENTS

2004 WJSC-SC 9109

186/03

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)

1

1st day of April 2004, by Keane C.J.

Keane C.J.
2

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.

3

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."

4

In Greendale Developments Ltd. and,...

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26 cases
  • Cork Harbour Alliance for a Safe Environment v an Bord Pleanála
    • Ireland
    • High Court
    • 15 February 2019
    ...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
    • Ireland
    • High Court
    • 11 October 2005
    ...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......
  • YY v Minister for Justice and Equality
    • Ireland
    • High Court
    • 13 March 2017
    ...should be put before the court by the respondent (unless exceptionally confidential): O'Neill v. Governor of Castlerea Prison [2004] 1 I.R. 298. As it is helpfully put at p. 125 of Fordham's Judicial Review Handbook (6th ed.) (Oxford, Hart, 2012), cited with approval in R. (Bancoult) v. Se......
  • Cork Institute of Technology v Minister for Transport, Tourism and Sport
    • Ireland
    • High Court
    • 19 December 2017
    ...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......
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