Gordon v. D.P.P. [2002] IESC 47 (07 June 2002)

Gordon v. D.P.P. [2002] IESC 47 (07 June 2002)

It was not shown that the applicant's case for judicial review was unarguable or that the order granting leave plainly should not have been made; the High Court erred in setting aside leave where the applicant had established a prima facie case and the existence of an alternative remedy did not automatically preclude judicial review.

Citation
[2002] IESC 47
Parties
Applicant/appellant: Michael Gordon; First Respondent: Director of Public Prosecutions; Second Respondent: District Judge Oliver McGuinness
Jurisdiction
Ireland
Judgment Date
07 June 2002
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From High Court Order Setting Aside Leave for Judicial Review
Outcome
Appeal allowed
Legal Topics
Certiorari, Alternative Remedy, Natural Justice, False Evidence, Jurisdiction, Appeal Vs Judicial Review
Administrative Law Criminal Law Judicial Review Certiorari Alternative Remedy Natural Justice False Evidence Jurisdiction +1 more

Case Brief

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Parties

Michael Gordon

Applicant/appellant

Director of Public Prosecutions

First Respondent

District Judge Oliver McGuinness

Second Respondent

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court Order Setting Aside Leave for Judicial Review

Legal Issues

  1. 1 Whether the High Court was correct to set aside leave for judicial review on the basis that appeal was an adequate remedy
  2. 2 Whether the applicant established an arguable case for judicial review based on alleged false evidence and breach of natural justice
  3. 3 What is the threshold for setting aside leave for judicial review

Ratio Decidendi

It was not shown that the applicant's case for judicial review was unarguable or that the order granting leave plainly should not have been made; the High Court erred in setting aside leave where the applicant had established a prima facie case and the existence of an alternative remedy did not automatically preclude judicial review.

Court Disposition

Appeal allowed

Orders

  • Order of Kearns J setting aside leave for judicial review is set aside
  • Leave to apply for judicial review restored