Goode Concrete -v- CRH Plc & ors [2013] IESC 39 (10 October 2013)

Goode Concrete -v- CRH Plc & ors [2013] IESC 39 (10 October 2013)

The Supreme Court held that an extension of time to appeal should be granted to Goode Concrete, but only in respect of grounds relating to the reasonable apprehension of objective bias arising from the trial judge's shareholding in CRH plc. The extension was justified because the relevant facts only became known to Goode at a late stage and prompt steps were taken thereafter. No extension was granted for other grounds, as those could have been raised within the original time limits and did not depend on new facts.

Citation
[2013] IESC 39
Parties
Appellant/plaintiff: Goode Concrete; Defendant/respondent: CRH plc; Defendant/respondent: Roadstone Wood Limited; Defendant/respondent: Kilsaran Concrete
Jurisdiction
Ireland
Judgment Date
10 October 2013
Procedural Posture
Civil Appeal / Application for Extension of Time to Appeal
Outcome
extension of time granted in part
Legal Topics
Extension of Time for Appeal, Reasonable Apprehension of Bias, Security for Costs, Waiver of Objection, Judicial Impartiality
Civil Procedure Competition Law Extension of Time for Appeal Reasonable Apprehension of Bias Security for Costs Waiver of Objection Judicial Impartiality

Case Brief

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Parties

Goode Concrete

Appellant/plaintiff

CRH plc

Defendant/respondent

Roadstone Wood Limited

Defendant/respondent

Kilsaran Concrete

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the appellant should be granted an extension of time to appeal orders of the High Court.
  2. 2 Whether the appellant can raise grounds of reasonable apprehension of objective bias based on the trial judge's shareholding in a party.
  3. 3 Whether other grounds of appeal outside the bias issue can be raised out of time.

Ratio Decidendi

The Supreme Court held that an extension of time to appeal should be granted to Goode Concrete, but only in respect of grounds relating to the reasonable apprehension of objective bias arising from the trial judge's shareholding in CRH plc. The extension was justified because the relevant facts only became known to Goode at a late stage and prompt steps were taken thereafter. No extension was granted for other grounds, as those could have been raised within the original time limits and did not depend on new facts.

Court Disposition

extension of time granted in part

Orders

  • Extension of time to appeal is granted to Goode Concrete, but only on grounds relating to reasonable apprehension of bias.
  • No extension of time is granted for other grounds of appeal.