Kelly -v- National University of Ireland Dublin aka UCD [2017] IECA 161 (26 May 2017)

Kelly -v- National University of Ireland Dublin aka UCD [2017] IECA 161 (26 May 2017)

The High Court order of 29 January 2013 was not made in exercise of its appellate jurisdiction under Part IV of the Courts of Justice Act 1936, so s.39 does not exclude appeal to the Court of Appeal; the High Court lacked jurisdiction to make restraining and stay orders affecting substantive Circuit Court proceedings or to restrain further applications by the plaintiff.

Citation
[2017] IECA 161
Parties
Plaintiff/appellant: Patrick Kelly; Defendant/respondent: National University of Ireland Dublin aka University College Dublin (UCD); Notice Party: The Director of the Equality Tribunal
Jurisdiction
Ireland
Judgment Date
26 May 2017
Procedural Posture
Appeal / Judgment on Appeal From High Court Order
Outcome
appeal allowed
Legal Topics
Jurisdiction, Abuse of Process, Appeals, Restraining Orders
Civil Procedure Constitutional Law Jurisdiction Abuse of Process Appeals Restraining Orders

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Parties

Patrick Kelly

Plaintiff/appellant

National University of Ireland Dublin aka University College Dublin (UCD)

Defendant/respondent

The Director of the Equality Tribunal

Notice Party

Procedural Posture

Appeal / Judgment on Appeal From High Court Order

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear an appeal from the High Court order of 29 January 2013
  2. 2 Whether the High Court had jurisdiction to make the restraining and stay orders of 29 January 2013

Ratio Decidendi

The High Court order of 29 January 2013 was not made in exercise of its appellate jurisdiction under Part IV of the Courts of Justice Act 1936, so s.39 does not exclude appeal to the Court of Appeal; the High Court lacked jurisdiction to make restraining and stay orders affecting substantive Circuit Court proceedings or to restrain further applications by the plaintiff.

Court Disposition

appeal allowed

Orders

  • Order of the High Court of 29 January 2013 vacated
  • Court will hear parties on costs and expenses in High Court and Court of Appeal