L.C -v- Judge O'Donnell & Anor [2013] IEHC 268 (18 June 2013)

L.C -v- Judge O'Donnell & Anor [2013] IEHC 268 (18 June 2013)

District Judge was entitled to rely on prior findings and evidence, and applicant was not entitled to re-litigate issues already decided; no breach of applicant's rights occurred in the approach to maintenance and access orders.

Citation
[2013] IEHC 268
Parties
Applicant: L. C.; Respondent: Judge Hugh O'Donnell; Notice Party: V. T.
Jurisdiction
Ireland
Judgment Date
18 June 2013
Procedural Posture
Judicial Review / Final Judgment
Outcome
Reliefs sought refused
Legal Topics
Maintenance, Access, Natural Justice, Procedural Fairness
Family Law Judicial Review Maintenance Access Natural Justice Procedural Fairness

Case Brief

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Parties

L. C.

Applicant

Judge Hugh O'Donnell

Respondent

V. T.

Notice Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether District Judge breached requirements of natural justice by making orders without hearing sworn testimony
  2. 2 Whether applicant was denied opportunity to give evidence regarding maintenance arrears and access
  3. 3 Whether correct onus of proof was applied regarding maintenance non-compliance

Ratio Decidendi

District Judge was entitled to rely on prior findings and evidence, and applicant was not entitled to re-litigate issues already decided; no breach of applicant's rights occurred in the approach to maintenance and access orders.

Court Disposition

Reliefs sought refused

Orders

  • Application for judicial review refused
  • No relief granted regarding maintenance or access orders