D.X -v- Her Honour Judge Olive Buttimer & Anor [2012] IEHC 175 (25 April 2012)

D.X -v- Her Honour Judge Olive Buttimer & Anor [2012] IEHC 175 (25 April 2012)

The exclusion of the applicant's friend from proceedings was unlawful under s. 40(5) Civil Liability and Courts Act 2004 and breached Article 40.1 due to applicant's disability; presence of notice party's sister was justified under s. 40(8); Circuit Court's order for sale of property not comprising family home was technically ultra vires but not quashed due to lack of substantive unfairness and pending appeal.

Citation
[2012] IEHC 175
Parties
Applicant: D. X.; Respondent: Her Honour Judge Olive Buttimer; Notice Party: M. Y.
Jurisdiction
Ireland
Judgment Date
25 April 2012
Procedural Posture
Judicial Review / Judgment on Application for Certiorari
Outcome
Declaration granted that exclusion of applicant's friend was ultra vires; refusal to quash Circuit Court order for sale of properties.
Legal Topics
Judicial Separation, Fair Procedures, In Camera Rule, Disability Accommodation, Property Sale Jurisdiction
Family Law Constitutional Law Civil Procedure Judicial Separation Fair Procedures In Camera Rule Disability Accommodation Property Sale Jurisdiction

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 4 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

D. X.

Applicant

Her Honour Judge Olive Buttimer

Respondent

M. Y.

Notice Party

Procedural Posture

Judicial Review / Judgment on Application for Certiorari

Legal Issues

  1. 1 Whether exclusion of applicant's friend from proceedings was unlawful under s. 40(5) Civil Liability and Courts Act 2004
  2. 2 Whether presence of notice party's sister during part of hearing breached in camera rule
  3. 3 Whether Circuit Court had jurisdiction to order sale of property not comprising family home without satisfying statutory prerequisites

Ratio Decidendi

The exclusion of the applicant's friend from proceedings was unlawful under s. 40(5) Civil Liability and Courts Act 2004 and breached Article 40.1 due to applicant's disability; presence of notice party's sister was justified under s. 40(8); Circuit Court's order for sale of property not comprising family home was technically ultra vires but not quashed due to lack of substantive unfairness and pending appeal.

Court Disposition

Declaration granted that exclusion of applicant's friend was ultra vires; refusal to quash Circuit Court order for sale of properties.

Orders

  • Declaration that exclusion of Ms. S. from hearing was ultra vires s. 40(5) Civil Liability and Courts Act 2004.
  • Refusal to quash Circuit Court order for sale of Z House and Y Lodge.