Re Kelly

JurisdictionIreland
JudgeO'HIGGINS C.J.
Judgment Date01 January 1984
Neutral Citation1984 WJSC-SC 549
Docket Number(220 /221/83)
CourtSupreme Court
Date01 January 1984

1984 WJSC-SC 549

THE SUPREME COURT

The Chief Justice

Mr. Justice Walsh

Mr. Justice Henchy

Mr. Justice Griffin

Mr. Justice Hederman

(220 /221/83)
In Re.KELLY'S CARPETDROME/ In Re. Trial Of KELLY & DEIGHAN
IN THE MATTER OF KELLY'S CARPETDROME LIMITED

and

IN THE MATTER OF THE COMPANIES ACT

and

IN THE MATTER OF AN APPLICATION UNDER SECTION 297 OF THECOMPANIES ACT 1963

and

IN THE MATTER OF THE TRIAL OF MATTHEW KELLY AND MICHAEL J.DEIGHAN FOR CONTEMPT OF COURT

Subject Headings:

HIGH COURT: jurisdiction

PRACTICE: attachment

1

JUDGMENT OF THE COURT delivered the 19th day of October1983by O'HIGGINS C.J.

2

This Court is satisfied that in cases of contempt in the face of the Court a High Court Judge has jurisdiction to deal with the matter summarily and to impose punishment where it is necessary to do so to protect the administration of justice.

3

Assuming for the purpose of this appeal that the allegations made in the present case would, if proved, amount to contempt in the face of the Court, this Court is of opinion that, having regard to the sequence in which witnesses gave their evidence and adverting in particular to the fact that Mr. McGoldrick had completed his evidence in the Companies Act matter, the necessity for the Judge to hear and determine the contempt issue did not exist.

4

In these circumstances these appeals will be allowed. The Court will make an Order for the release of the Appellants.

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6 cases
  • De Rossa v Independent Newspapers Ltd
    • Ireland
    • High Court
    • 3 April 1998
    ...LEONARD UNREP PARKE 9.12.1975 KEEGAN V DE BURCA 1973 IR 223 H, STATE V DALY 1977 IR 90 DPP, STATE V WALSH 1981 IR 412 KELLY V DUIGHAN 1984 ILRM 424 LAW REFORM COMMISSION PAPER ON CONTEMPT OF COURT CH 8 CHILD ABDUCTION & ENFORCEMENT OF CUSTODY ORDERS ACT 1991 COURTS (SUPPLEMENTAL PROVISI......
  • Minister for Justice and Equality v Prieto
    • Ireland
    • Court of Appeal (Ireland)
    • 24 February 2016
    ...a contempt in the face of the court, she nevertheless was persuaded that indeed it was so, based on the decision of the Supreme Court in In Re Kelly [1984] ILRM 424. That case involved the failure by a witness under subpoena to attend court as required by that subpoena. In that case much em......
  • Deighan v Ireland
    • Ireland
    • High Court
    • 1 January 1995
    ...- (1986/6449 P - Flood J. - 11/10/94) - [1995] 2 I.R. 56 - [1995] 1 ILRM 88 |Deighan v. Ireland| Citations: KELLYS CARPETDROME, IN RE 1984 ILRM 424 CRIMINAL PROCEDURE ACT 1993 S9 MAHARAJ V AG OF TRINIDAD & TOBAGO (NO 2) 1979 AC 385 BYRNE V IRELAND 1972 IR 241 MCKENZIE V MCKENZIE 1970 3 WL......
  • Ryan v The Governor of Mountjoy Prison
    • Ireland
    • Court of Appeal (Ireland)
    • 21 June 2018
    ...person in contempt immediately, any conviction for contempt that is secured during the trial may be overturned upon appeal. [In re Kelly [1984] ILRM 424, also O'Donnell op cit]. In England and Wales, the courts appear to have acknowledged that a “cooling off” period is desirable and that a ......
  • Request a trial to view additional results
1 books & journal articles
  • Some reflections on the law of contempt
    • Ireland
    • Irish Judicial Studies Journal No. 2-2, July 2002
    • 1 July 2002
    ...the European Convention of Human Rights, an issue that I will address below. First, it would I think greatly reduce the authority of 75[1984] I.L.R.M. 424. 76[1975] Q.B. 2002] Reflections on Contempt 118 the courts and their effectiveness, if all interferences with the administration of jus......

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