Zambra -v- Judge Collins & Anor [2012] IEHC 565 (03 May 2012)

Zambra -v- Judge Collins & Anor [2012] IEHC 565 (03 May 2012)

The District Court hearing did not meet the standards of fair procedures required by law: the applicant was not given adequate notice of the allegations, was refused reasonable adjournments to prepare his defence or call witnesses, and the court improperly admitted hearsay evidence and pre-judged the credibility of a witness. These deficiencies rendered the hearing unfair and judicial review by certiorari was appropriate despite the existence of alternative remedies.

Citation
[2012] IEHC 565
Parties
Applicant: Karl Zambra; First Respondent: District Judge Mary Collins; Second Respondent: Dublin City Council
Jurisdiction
Ireland
Judgment Date
03 May 2012
Procedural Posture
Judicial Review / Judgment on Application for Certiorari
Outcome
Order of certiorari granted; excluding order quashed.
Legal Topics
Fair Procedures, Excluding Orders, Anti Social Behaviour, Judicial Review, Hearsay Evidence
Administrative Law Housing Law Civil Procedure Fair Procedures Excluding Orders Anti Social Behaviour Judicial Review Hearsay Evidence

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Parties

Karl Zambra

Applicant

District Judge Mary Collins

First Respondent

Dublin City Council

Second Respondent

Procedural Posture

Judicial Review / Judgment on Application for Certiorari

Legal Issues

  1. 1 Whether the District Court hearing on 5 September 2011 afforded the applicant fair procedures and a hearing in accordance with law
  2. 2 Whether the refusal to grant adjournments and reliance on hearsay evidence invalidated the excluding order
  3. 3 Whether judicial review is appropriate where alternative remedies exist

Ratio Decidendi

The District Court hearing did not meet the standards of fair procedures required by law: the applicant was not given adequate notice of the allegations, was refused reasonable adjournments to prepare his defence or call witnesses, and the court improperly admitted hearsay evidence and pre-judged the credibility of a witness. These deficiencies rendered the hearing unfair and judicial review by certiorari was appropriate despite the existence of alternative remedies.

Court Disposition

Order of certiorari granted; excluding order quashed.

Orders

  • Order of certiorari quashing the excluding order of 5 September 2011.