State (O'Sullivan) v District Justice Buckley and Another

• Jurisdiction: Ireland
• Judgment Date: 01 January 1967
• Date: 01 January 1967
• Court: Supreme Court

(S.C.)

State (O'Sullivan)

and

District Justice Buckley and Another

Licence granted in District Court - Objection by Garda - No appeal taken within time - Application to District Court after expiry of time for appeal to extend time for appeal - Application made ex parte - Application granted - No notice to other party - Certiorari -Natural justice.

O obtained in the District Court on 12th November, 1962, a public dance hall licence notwithstanding objection by C on behalf of the Gardai. C failed to appeal within fourteen days (the time allowed for lodging of the notice of appeal) against the order of the District Justice. On the 14th November, 1962, O was served with a notice of appeal bearing an indorsement of the District Justice who had granted the order for a licence enlarging the time for service and lodgment of the notice of appeal to 15th November, 1962. The notice was dated 13th November, 1962. O had had nonotice of the said application and was not present when it was made. He accordingly applied to the High Court for a conditional order of certiorari which was granted. C applied to the Court to discharge the conditional order. Held,reversing Davitt P.:—1. The order of the District Justice enlarging the time for the service and lodgment of the notice of appeal violated the fundamental principle of judicial proceedings which required that the other parties...