Credit Finance Bank Ltd. v. Healy [1987] IEHC 13 (29 January 1987)

Credit Finance Bank Ltd. v. Healy [1987] IEHC 13 (29 January 1987)

The District Court does not have jurisdiction to re-issue or issue a new warrant for imprisonment after the expiry of the specific period fixed by the original order, as lawful imprisonment was limited to one month from the date of arrest and that period had expired before the application was made.

Citation
[1987] IEHC 13
Parties
Creditor: Credit Finance Bank Limited; Debtor: Thomas F. Healy; Notice Party: Governor of Cork Prison
Jurisdiction
Ireland
Judgment Date
29 January 1987
Procedural Posture
Case Stated / Determination of Jurisdiction on Re Issuing Warrant
Outcome
application refused
Legal Topics
Jurisdiction, Re Issuing Warrants, Imprisonment for Debt
Civil Procedure Enforcement of Judgments Jurisdiction Re Issuing Warrants Imprisonment for Debt

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Parties

Credit Finance Bank Limited

Creditor

Thomas F. Healy

Debtor

Governor of Cork Prison

Notice Party

Procedural Posture

Case Stated / Determination of Jurisdiction on Re Issuing Warrant

Legal Issues

  1. 1 Does the District Court have jurisdiction to re-issue or issue a new warrant for imprisonment after the expiry of the original period specified in the order?

Ratio Decidendi

The District Court does not have jurisdiction to re-issue or issue a new warrant for imprisonment after the expiry of the specific period fixed by the original order, as lawful imprisonment was limited to one month from the date of arrest and that period had expired before the application was made.

Court Disposition

application refused

Orders

  • District Court has no jurisdiction to re-issue or issue a new warrant for imprisonment in the circumstances set out.