The State (Coy) v Minister for Defence

• Jurisdiction: Ireland
• Judgment Date: 19 February 1947
• Date: 19 February 1947
• Court: High Court

The State (Coy)

and

Minister for Defence

Removal of report of inferior tribunal into High Court for the purpose of being quashed - No cause shown why conditional order of certiorari should not be made absolute -Application ex parte by prosecutor to have conditional order made absolute, followed by order directing return of report into Court for purpose of being quashed - Motion on notice by prosecutor for order that report be quashed - Whether prosecutor entitled to costs of ex parte application -Discretion of Court - Rules of Supreme Court (Ir.), 1905, Or. LXXXIV, rr. 206, 210, 251 -Rules of the High Court and Supreme Court, 1926, Or. XIII, rr. 1 and 2.

By Or. LXXXIV, r. 251, of the Rules of the Supreme Court (Ir.), 1905, it is provided as follows: —"Where a conditional order shall have been obtained, and no affidavit shall be filed, or notice of showing cause served within the time limited by the conditional order, on an affidavit being filed of the due service thereof, and a certificate of no cause, the same shall be made absolute in the office, unless the Court shall have otherwise directed by the conditional order." By Rule 206 of the same Order, it is provided that an order of course for a conditional order to quash orders or convictions removed by certiorari may be drawn up at the Crown Office without any motion for the same. By Rule 210 of the same Order, it is provided that all cases of conviction and of orders, removed into Court from any inferior jurisdiction, shall be entered for argument upon an order to show cause why the conviction or order should not be quashed. By Or. XIII, rr. 1 and 2, of the Rules of the High Court and Supreme Court, 1926, it is provided that the Master of the High Court may make any order which, under the practice theretofore in force, was a side-bar order or an order which might have been made as of course. The prosecutor obtained, on the 15th September, 1943, a conditional order of certiorari directed to the respondent to send before the High Court, for the purpose of being quashed, a report made by the Referee appointed under the Military Service Pensions Act, 1934. Four successive applications to extend time for showing cause were made on behalf of the respondent, and granted, but no cause was in fact shown, and on the 11th January...