Talbot -v- Hermitage Golf Club & ors [2009] IESC 26 (26 March 2009)

Talbot -v- Hermitage Golf Club & ors [2009] IESC 26 (26 March 2009)

The appellant failed to establish rare and exceptional circumstances or objective bias to justify vacating the Supreme Court's final order. The Court lacks jurisdiction to intervene in the absence of such circumstances, and the appellant's claims were manifestly ill-founded.

Citation
[2009] IESC 26
Parties
Plaintiff/appellant: Thomas Talbot; Defendant/respondent: Hermitage Golf Club; Defendant/respondent: Golfing Union of Ireland; Defendant/respondent: Eddie Murphy
Jurisdiction
Ireland
Judgment Date
26 March 2009
Procedural Posture
Civil Appeal / Application to Vacate Supreme Court Final Order
Outcome
Application dismissed
Legal Topics
Finality of Supreme Court Orders, Jurisdiction to Vacate Orders, Bias Allegations, Defamation, Interlocutory Proceedings
Civil Procedure Defamation Finality of Supreme Court Orders Jurisdiction to Vacate Orders Bias Allegations Interlocutory Proceedings

Case Brief

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Parties

Thomas Talbot

Plaintiff/appellant

Hermitage Golf Club

Defendant/respondent

Golfing Union of Ireland

Defendant/respondent

Eddie Murphy

Defendant/respondent

Procedural Posture

Civil Appeal / Application to Vacate Supreme Court Final Order

Legal Issues

  1. 1 Whether the Supreme Court has jurisdiction to vacate its final order in this case
  2. 2 Whether the appellant established exceptional circumstances justifying the exercise of such jurisdiction
  3. 3 Whether there was objective bias on the part of the Supreme Court judges

Ratio Decidendi

The appellant failed to establish rare and exceptional circumstances or objective bias to justify vacating the Supreme Court's final order. The Court lacks jurisdiction to intervene in the absence of such circumstances, and the appellant's claims were manifestly ill-founded.

Court Disposition

Application dismissed

Orders

  • Application to vacate the Supreme Court order of 30 November 2007 is dismissed
  • Costs awarded against the appellant