O'Rourke v O'Rourke

JurisdictionIreland
CourtSupreme Court
JudgeO'Donnell J.,MacMenamin J.,Finlay Geoghegan J.
Judgment Date31 May 2019
Neutral Citation[2019] IESCDET 111
Date31 May 2019

[2019] IESCDET 111

THE SUPREME COURT

DETERMINATION

O'Donnell J.

MacMenamin J.

Finlay Geoghegan J.

BETWEEN
BRENDAN O'ROURKE
PLAINTIFF
AND
DIANE O'ROURKE (REMOVED BY ORDER OF THE COURT) DERMOT O'ROURKE PERLE O'ROURKE

AND

ULSTER BANK IRELAND DAC
DEFENDANTS
APPLICATION FOR LEAVE TO APPEAL TO WHICH ARTICLE 34.5.3° OF THE CONSTITUTION APPLIES
RESULT: The Court does not grant leave to the Plaintiff / Applicant to appeal to this Court from the Court of Appeal
REASONS GIVEN:
ORDER SOUGHT TO BE APPEALED
COURT: Court of Appeal
DATE OF ORDER: 25th January, 2019
DATE OF PERFECTION OF ORDER: 28th January, 2019
THE APPLICATION FOR LEAVE TO APPEAL WAS MADE ON 12th February, 2019 AND WAS IN TIME.
Application
1

This application for leave is brought by Mr. Brendan O'Rourke, the plaintiff/applicant, for leave to appeal from an order of the Court of Appeal (Irvine J.) refusing an application for a stay on the costs provisions of the order of the High Court (O'Hanlon J.) made on 5 December 2018, pending the determination of the substantive appeal against that order. That application to the Court of Appeal was made in proceedings with Record No. 2016 10451P.

2

In the application for leave, the plaintiff makes clear that the application is related to another application for leave to this Court against orders also made by the Court of Appeal (Irvine J.) on 25 January 2019, in separate plenary proceedings with Record No. 2012 9106P (‘the related proceedings’). In this application, the plaintiff seeks to rely upon the fact that the issues raised by the order of the Court of Appeal made on 25 January 2019 in the related proceedings raised a matter of general public importance.

3

By a determination issued on 7 March 2019 in the related proceedings, this Court refused leave to the plaintiff, who was the first named defendant in those proceedings, to appeal to this Court from the Court of Appeal. It did so for the reasons set out in its determination, Ulster Bank Ireland DAC v. O'Rourke [2019] IESCDET 64, which included the fact that the Court was not satisfied that the decision of the Court of Appeal raised any issue of general public importance such that leave to this Court should be granted.

Jurisdiction
4

The jurisdiction of the Supreme Court to hear appeals is set out in the Constitution. As is clear from the terms of Article 34.5.3° thereof and the many determinations made by this Court since the enactment of...

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