ACC Bank PLC -v- Heffernan & anor [2013] IEHC 475 (04 November 2013)

The Master of the High Court has no jurisdiction to strike out summary summons proceedings in contested cases; his function is to transfer the case to the High Court for hearing when administratively ready.

Source-derived case information.

Citation: [2013] IEHC 475
Parties: Plaintiff: ACC Bank PLC; Defendant: Thomas Heffernan; Defendant: Mary Heffernan
Jurisdiction: Ireland
Judgment Date: 04 November 2013
Procedural Posture: Appeal From Master of the High Court Decision / Judgment on Appeal
Outcome: appeal allowed
Legal Topics: Summary Summons, Jurisdiction of Master, Contested Cases, Transfer to High Court

Civil Procedure Summary Summons Jurisdiction of Master Contested Cases Transfer to High Court

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Parties

ACC Bank PLC

Plaintiff

Thomas Heffernan

Defendant

Mary Heffernan

Defendant

Procedural Posture

Appeal From Master of the High Court Decision / Judgment on Appeal

Legal Issues

1 Whether the Master of the High Court has jurisdiction to strike out summary summons proceedings in contested cases and require recommencement by plenary action

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Case to be transferred to the High Court judge’s list for hearing in accordance with Order 37, rule 6

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