Ronayne v Ronayne
Jurisdiction | Ireland |
Judgment Date | 16 July 1970 |
Date | 16 July 1970 |
Docket Number | [1969. No. 168 P.] |
Court | Supreme 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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