The State (Hughes) v O'Hanrahan

JurisdictionIreland
JudgeHenchy J.,McCarthy J.
Judgment Date01 January 1986
Neutral Citation1985 WJSC-SC 2238
CourtSupreme Court
Date01 January 1986

1985 WJSC-SC 2238

THE SUPREME COURT

Henchy J.

Hederman J.

McCarthy J.

No. 504 SS/1984
HUGHES v. O'HANRAHAN
THE STATE (DANIEL HUGHES)
v.
HIS HONOUR JUDGE O'HANRAHAN

Citations:

DPP, PEOPLE V O'SHEA 1983 ILRM 549 1982 IR 384

FITZSIMONS, STATE V KEARNEY 1981 IR 406

O'SULLIVAN, STATE V BUCKLEY 101 ILTR 152

RSC O.52 r2

Synopsis:

PRACTICE

Motion

Ex parte - Existing practice - Extension of time limit - Conditional order of certiorari - Extension of period for showing cause - Application for extension made within period - Motion on notice unnecessary - Order 52, r. 2, of Rules of the Superior Courts, 1962 - (278/84 - Supreme Court - 1/11/85).

|The State (Hughes) v. O'Hanrahan|

PRACTICE

Time Limit

Extension - Further extension - Ex parte applications - Extensions granted - Propriety - Conditional order of certiorari to quash order of Circuit Court affirming conviction by District Court - Respondent's applications for extensions of periods allowed for showing cause - Order 52, r.2, of Rules of Superior Courts, 1962 - Applications for extensions made respectively within original and further periods - Extensions validly granted - (278/84 - Supreme Court - 1/11/85).

|The State (Hughes) v. O'Hanrahan|

STATE SIDE

Certiorari

Time limit - Extension - Further extension - Period allowed for showing cause - Extensions validly granted on ex parte applications by respondent - Applications made respectively within original and further periods - (278/84) - Supreme Court - 1/11/85).

|The State (Hughes) v. O'Hanrahan|

1

Judgment of Henchy J.delivered the 1st November 1985 (HEDERMAN JCONCURRING)

2

The prosecutor in these certiorari proceedings got a conditional order quashing an order made by the respondent in the Dublin Circuit Court affirming a Road Traffic Act conviction of the respondent. That order was made on the 19 September and it provided that cause against making the order absolute had to be shown within twenty-one days of the service of the order. The order was served on the 28 Septemkter 1984.

3

On the 19 October 1984 (which was within the twenty-one day period) application was made ex parte on behalf of the respondent for an extension for fourteen days of the period fixed for showing cause. That application was granted.

4

As it was not found possible to have the necessary affidavitsfor the purpose of showing cause sworn within that extended period, an application was made ex parte to Costello J. on the 2 November 1985 (which was within the fourteen-days extension) for a further extension of time for showing cause. An affidavit was filed stating that the extension of time was necessary to enable affidavits in support of cause to be sworn and filed. Although the application was ex parte, counsel for the prosecutor was in court and sought to be heard in the matter. The judge, however, treating the matter as having been properly brought ex parte, refused to hear counsel for the prosecutor and made an order allowing a further period of ten days for showing cause. This appeal has been taken by the prosecutor against that order. His standing to take the appeal has not been questioned by the respondent, who is apparently willing to have the proceedings in the High Court treated as if they had been brought by motion on notice.

5

As far as I know, it has for long been the practice for the High Court to entertain an application ex parte, by a person served with a conditional order of this kind, for an extension of the time fixed for showing cause in the conditional order, provided the application is made within that time. I believe that practice was in existence before the coming into operation of the Rules of the Superior Courts in 1962. Those rules did not change theprocedure, for O. 52, r. 2. exempted from the requirement of a motion on notice all applications which "under the existinq practice are made ex parte." The Rules of Court, therefore, may not be invoked to invalidate the order under appeal for want of notice to theprosecutor.

6

I find nothing wrong in principle in making such an order ex parte. The order does not affect any matter in dispute between the parties. Nor, save in exceptional circumstances, can it prejudice the prosecutor. If the prosecutor finds that he is prejudiced by the extension of time, he may bring a notice of motion asking to have the extension set aside or modified. The Court, in exercise of its inherent jurisdiction to set aside or vary an interlocutory order made ex parte could make such order as it thought necessary to meet the justice of the case.

7

The prosecutor in the present proceedings did not apply on notice in the High Court to have the ex parte order extending time set aside. Instead he served a notice of appeal to this Court. That notice is dated the 6 November 1984. Now, almost a year...

To continue reading

Request your trial
5 cases
  • Emmett Corcoran and Oncor Ventures Ltd t/a The Democrat v The Commissioner of an Garda Síochána and the Director of Public Prosecutions
    • Ireland
    • Supreme Court
    • 22 June 2023
    ...absence of a power of review of the claim of privilege would accordingly appear to be problematic. In The State (Hughes) v. O'Hanrahan [1986] ILRM 218, at 219 Henchy J. commented that it was in order for the High Court to make orders ex parte extending time to allow opposition papers to be ......
  • Bedford Bourough Council v M
    • Ireland
    • High Court
    • 29 September 2017
    ...level rather than at appellate level. This perhaps explains the comment of McCarthy J. in The State (Hughes) v. O' Hanrahan [1986] I.L.R.M. 218 at 221 to the effect that an ex parte order cannot be appealed save by the applicant. Perhaps the conception is that an appeal could be regarded a......
  • Adam v Minister for Justice
    • Ireland
    • Supreme Court
    • 5 April 2001
    ...93 DOYLE V COMMISSIONER OF GARDA SIOCHANA 1991 1 IR 249 HOGAN & MORGAN ADMINISTRATIVE LAW IN IRELAND 708–709 HUGHES, STATE V O'HANRAHAN 1986 ILRM 218 SAVAGE'S APPLICATION, RE 1991 NI 103 LEWIS JUDICIAL REVIEW IN PUBLIC LAW 283 PARA 9–060 DE SMITH, WOLFE & JOWELL JUDICIAL REVIEW OF ADMINIS......
  • Kershaw v Ireland
    • Ireland
    • Supreme Court
    • 21 June 2016
    ...of that court. That, however, has not been the practice, with at least one judge, McCarthy J. in State (Hughes) v. O'Hanrahan [1986] I.L.R.M. 218 at 221, doubting the availability of such a process. What there is no doubt about, however, is that such a person can apply to the High Court to......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT