O. -v- MJLR & Ors [2012] IEHC 1 (06 January 2012)

O. -v- MJLR & Ors [2012] IEHC 1 (06 January 2012)

The interim injunction must be set aside due to material non-disclosure of a prior unsuccessful application and directions given by Herbert J.; the court's jurisdiction to set aside ex parte orders is established both by rules and inherent jurisdiction, and the non-disclosed facts were objectively material to the determination.

Citation
[2012] IEHC 1
Parties
Applicant: A. O.; Respondents: Minister for Justice and Law Reform, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
06 January 2012
Procedural Posture
Judicial Review / Interim Injunction Discharge Motion
Outcome
interim injunction set aside
Legal Topics
Deportation, Interim Injunctions, Non Disclosure, Fair Procedures, EU Citizenship Rights
Immigration Law Constitutional Law Civil Procedure Deportation Interim Injunctions Non Disclosure Fair Procedures EU Citizenship Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

A. O.

Applicant

Minister for Justice and Law Reform, Ireland and the Attorney General

Respondents

Procedural Posture

Judicial Review / Interim Injunction Discharge Motion

Legal Issues

  1. 1 Whether the interim injunction restraining deportation should be set aside due to material non-disclosure of a prior unsuccessful application
  2. 2 Whether the court has jurisdiction to set aside an ex parte order for non-disclosure

Ratio Decidendi

The interim injunction must be set aside due to material non-disclosure of a prior unsuccessful application and directions given by Herbert J.; the court's jurisdiction to set aside ex parte orders is established both by rules and inherent jurisdiction, and the non-disclosed facts were objectively material to the determination.

Court Disposition

interim injunction set aside

Orders

  • Interim relief granted on 13th October, 2011, is set aside due to material non-disclosure.
  • Outcome is without prejudice to the applicant’s application for an interlocutory injunction, which remains to be heard.