M v M (Approved) [2024] IECA 45 (28 February 2024)

M v M (Approved) [2024] IECA 45 (28 February 2024)

Material misstatements of fact and non-disclosure by the applicant justified setting aside the grant of leave to apply for judicial review, except as regards the challenge to the Isaac Wunder order, where misstatements and non-disclosure were not material. Leave survives only for that aspect.

Citation
[2024] IECA 45
Parties
Applicant/appellant: G. M.; Respondent: I. M.
Jurisdiction
Ireland
Judgment Date
28 February 2024
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Affirmed High Court decision, varied to allow leave to apply for judicial review only as regards challenge to Isaac Wunder order.
Legal Topics
Material Non Disclosure, Fair Procedures, Isaac Wunder Order, Costs, Leave to Apply for Judicial Review
Family Law Judicial Review Civil Procedure Material Non Disclosure Fair Procedures Isaac Wunder Order Costs Leave to Apply for Judicial Review

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 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

G. M.

Applicant/appellant

I. M.

Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether material non-disclosure and misstatements justified setting aside leave to apply for judicial review
  2. 2 Whether leave should survive in respect of challenge to Isaac Wunder order

Ratio Decidendi

Material misstatements of fact and non-disclosure by the applicant justified setting aside the grant of leave to apply for judicial review, except as regards the challenge to the Isaac Wunder order, where misstatements and non-disclosure were not material. Leave survives only for that aspect.

Court Disposition

Affirmed High Court decision, varied to allow leave to apply for judicial review only as regards challenge to Isaac Wunder order.

Orders

  • Leave to apply for judicial review survives only for challenge to Isaac Wunder order and consequential reliefs.
  • Matter to be listed for supplemental hearing on consequential orders and costs.