Rockrohan Estate Ltd & Anor -v- Assistant Examiner Thomas Kinirons, [2007] IEHC 112 (2007)

Docket Number:2006 1182 JR
Party Name:Rockrohan Estate Ltd & Anor, Assistant Examiner Thomas Kinirons
Judge:McGovern J.
 
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Neutral Citation Number: [2007] IEHC 112THE HIGH COURTJUDICIAL REVIEW[2006 No. 1182 JR]BETWEEN ROCKROHAN ESTATE LIMITED AND RICHARD WOODAPPLICANTSANDASSISTANT EXAMINER THOMAS KINIRONSRESPONDENTANDULSTER INVESTMENT BANK LIMITED, IRELAND AND THE ATTORNEY GENERALNOTICE PARTIESJUDGMENT of Mr. Justice McGovern delivered the 30th day of March, 2007 On the 16th October, 2006 the applicants were given leave to apply for judicial review for the relief set forth at paragraph D in the Statement of Grounds and on the grounds set forth at paragraph E of the said statement. The reliefs sought in paragraph D were:-1. An Injunction, or Order of Prohibition, by way of an application for Judicial Review restraining the respondent from taking any further step in the matter entitled Ulster Investment Bank Limited Plaintiff and Rockrohan Estates Limited Defendant (High Court 1986 No. 1055 Sp).2. A Declaration by way of an application for Judicial Review that the exclusion of the applicants counsel from the public hearing before the Respondent was a denial of the applicants rights in the determination of his civil rights to a fair and public hearing trial within a reasonable time.3. A Declaration by way of an application for Judicial Review that the admission of the press and the public but the exclusion of the applicants counsel constituted a denial of a fair trial or hearing to the applicant.4. A Declaration by way of an application for Judicial Review that the exclusion of the applicant's counsel at the hearing before the respondent was not warranted in the interests of morals, public order or national security in a democratic society.5. A Declaration by way of an application for Judicial Review that the exclusion of the applicants counsel at the hearing before the respondent was not warranted or required in order to or by reason for need to protect lives of the parties.6. A Declaration by way of an application for Judicial Review that the exclusion of the applicants counsel at the hearing before the respondent was not warranted or required to any extent in order to prevent prejudice to the interests of justice and was not, in any event, strictly necessary.7. A Declaration by way of an application for Judicial Review that the exclusion of the applicants counsel at the hearing before the respondent was prejudicial to the interests of justice and was not, in any event, strictly necessary.8. A Declaration by way of an application for Judicial Review that the applicant (defendant) is entitled to defend itself as a minimum right through legal assistance of its own choosing.9. A Declaration by way of an application for Judicial Review that Order 55, Rule 53 of the Rules of The Superior Courts is incompatible with the applicant's right pursuant to Article 6 of the European Convention on Human Rights and Fundamental freedoms adopted into Irish law in the first Schedule of the European Convention on Human Rights Act, 2003.10. A Declaration by way of an application for Judicial Review that the respondent erred in fact and in law in refusing to admit counsel of the applicant's own choosing to the Hearing List on the 26th September, 2006.11. A Declaration by way of an application for Judicial Review that the respondent erred in fact and in law in refusing to hear counsel of the applicants own choosing at the hearing on the 26th September, 2006.12. A Declaration by way of Judicial Review that the decision of the Assistant Examiner purporting to set the conditions and date for sale of the applicant's property was made ultra vires and in breach of the Order of the High Court, Blayney J. made on the 16th day of February, 1987.13. An injunction by way of an application for Judicial Review quashing the decision or order of the Assistant Examiner made on the 26th September, 2006 (but not yet perfected) wherein he purported to set the conditions and date for the sale of the applicants property.14. An injunction by way of an application for Judicial Review for an Order staying any order or directions made by the Assistant Examiner until further order.15. An injunction by way of an application for Judicial Review order restraining the respondent and any person having knowledge of the making of this order from taking any step whatsoever to give effect to the terms of the purported order of the Assistant Examiner made the 26th September, 2006 but not year perfected.16. A Declaration that the refusal of the Assistant Examiner to give reasons in writing for his decisions constitutes an attack on the applicant's right to a fair hearing.17. Damages.18. Further and other relief.19. Costs of an incidental to these proceedings.The first named applicant is a limited liability company and is the owner of lands comprised at Folio 28285 in County Cork. Ulster Investment Bank Ireland Limited (the first named notice party) obtained a Well Charging Order and Order for Sale in proceedings bearing record number 1986 No. 1055 Sp between Ulster Investment Bank Limited Plaintiff and Rockrohan Estates Limited defendant. The Well Charging Order and Order for Sale was made by Blayney J. on the 16th February, 1987. By virtue of that order the sum of one million Irish pounds together with interest thereon stood well charged on the first named applicant's property being the lands comprised in Folio 28285 of the Register of Freeholders County Cork. In the said order it was stated "the said lands and premises be sold at such time and place subject to such conditions of sale as...

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