Ronayne v Ronayne

Judgment Date16 July 1970
Date16 July 1970
Docket Number[1969. No. 168 P.]
CourtSupreme Court

Claim for unliquidated damages brought in High Court - Application by defendant for transfer of action to Circuit Court - Test to be applied - Rules of the Superior Courts, 1962 (No. 72 of 1962), Or. 49, r. 7 - Courts of Justice Act, 1924 (No. 10 of 1924), ss. 25, 26 - Courts of Justice Act, 1936 (No. 48 of 1936), ss. 11, 20 -Courts of Justice Act, 1953 (No. 32 of 1953), s. 19.

An action in the High Court in which the plaintiff claims unliquidated damages should not be transferred to the Circuit Court unless the circumstances are such that there are reasonable grounds for assuming that an award by a jury to the plaintiff of damages greater than the jurisdictional limit of the Circuit Court would be set aside on appeal as being an excessive award. So held by the Supreme Court ( Ó Dálaigh C.J., Walsh, Budd and FitzGerald JJ.; McLoughlin J. dissenting). Connor v. O'BrienIR...

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4 cases
  • Farrelly v Pepper Finance Corporation DAC
    • Ireland
    • High Court
    • 28 February 2023
    ...damages that could reasonably be awarded to the plaintiff taking her claims at their height. 19 . The Supreme Court in Ronayne v Ronayne [1970] IR 15 confirmed that this remains the test notwithstanding the provisions of section 20 of the Courts of Justice Act 1936 which provides that in a ......
  • Breidegam v Reilly
    • Ireland
    • High Court
    • 7 April 2020
    ...of the Circuit Court.” This test was cited with approval by O'Dálaigh C.J. in the Supreme Court decision of Ronayne v. Ronayne [1970] 1 I.R, 15. 37 As noted above, s. 25 of the Act of 1924 was amended by s. 11 of the Act of 1936. It gives the Court a discretion by providing that an action s......
  • McDonald v Galvin
    • Ireland
    • High Court
    • 1 January 1977
    ...if this right is exercised, he has a right to a jury and cannot be deprived of it. I was also referred to the case of Ronayne.v. Ronayne (1970) I.R. 15. 5 The submissions raise the issue of the right of any party to have a civil action tried with a jury. I have not been given any indication......
  • Maycock v Legg Bros Ltd
    • Ireland
    • Supreme Court
    • 10 March 1972
    ...of the decision of the further ???query?????? Court in (1925) I.R. p. 24, which was confirmed recently in this Court in Renayne v. (1970) I.R. p. 15. The test is whether a verdict for over £600 would be set aside on appeal as excessive. In considering whether an award of damages is excessiv......

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