Winters v Elizabeth James Models (Mfg.) Ltd

• Jurisdiction: Ireland
• Judgment Date: 01 January 1955
• Date: 01 January 1955
• Court: Supreme Court

(S.C.),

Winters

and

Elizabeth James Models (Mfg.) Ltd

Transfer of action to Circuit Court - Trial Judge making order for transfer of action of his own motion - Jurisdiction - Validity of order - Courts of Justice Act, 1924 (No. 10 of 1924), s. 25 - Courts of Justice Act,1936 (No. 48 of 1936), s. 11, sub-s. 2 (b).

On an application to the High Court on behalf of the defendants for an order directing the plaintiff to have proceedings, commenced by summary summons, for a liquidated sum, to which an appearance had been entered, set down before the Master of the High Court for determination, or further proceedings or such other order as to the Court seemed just the trial Judge, of his own motion, made an order transferring the action to the Circuit Court, without any application for such transfer having been made to him by either party to the action and without giving them an opportunity of discussing the question of the transfer. On appeal by the plaintiff to the Supreme Court it was held by the Supreme Court (Maguire C.J., O'Byrne, Lavery, Kingsmill Moore and O'Daly JJ.) that the provisions of s. 11...