Murray & Anor -v- Fitzgerald & Ors [2009] IEHC 101 (27 February 2009)

Murray & Anor -v- Fitzgerald & Ors [2009] IEHC 101 (27 February 2009)

There are substantial contested facts relevant to the legal issues; no material facts have been conceded for the purpose of the preliminary issue. The procedure under Order 25 cannot be availed of where facts are in dispute. Relief sought by plaintiffs for preliminary determination is refused.

Citation
[2009] IEHC 101
Parties
Plaintiff: Donall Murray; Plaintiff: Air Ambulance Services Ltd; Defendant: Sandra Fitzgerald; Defendant: Ireland; Defendant: The Attorney General; Defendant: Declan Hartley; Defendant: Maurice Gill; Defendant: Arthur O’Neill
Jurisdiction
Ireland
Judgment Date
27 February 2009
Procedural Posture
Civil Consolidated Plenary Proceedings / Ruling on Preliminary Determination of Points of Law Under Order 25
Outcome
Relief sought for preliminary determination refused; second notice of motion alleging abuse of process also refused.
Legal Topics
Conversion, Statutory Defence, Mitigation of Loss, Assessment of Damages, Abuse of Process, Preliminary Issues
Tort Law Public Law Civil Procedure Conversion Statutory Defence Mitigation of Loss Assessment of Damages Abuse of Process +1 more

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Parties

Donall Murray

Plaintiff

Air Ambulance Services Ltd

Plaintiff

Sandra Fitzgerald

Defendant

Ireland

Defendant

The Attorney General

Defendant

Declan Hartley

Defendant

Maurice Gill

Defendant

Arthur O’Neill

Defendant

Procedural Posture

Civil Consolidated Plenary Proceedings / Ruling on Preliminary Determination of Points of Law Under Order 25

Legal Issues

  1. 1 Whether An Garda Síochána lawfully seized/confiscated a Mercedes Benz ambulance under the Road Traffic Act 1994
  2. 2 Whether the seizure constituted the tort of conversion
  3. 3 On what basis damages for conversion should be assessed

Ratio Decidendi

There are substantial contested facts relevant to the legal issues; no material facts have been conceded for the purpose of the preliminary issue. The procedure under Order 25 cannot be availed of where facts are in dispute. Relief sought by plaintiffs for preliminary determination is refused.

Court Disposition

Relief sought for preliminary determination refused; second notice of motion alleging abuse of process also refused.

Orders

  • Application for preliminary determination under Order 25 refused.
  • Application alleging abuse of process refused.