Hall v Minister for Finance & ors [2013] IESC 10 (20 February 2013)

Hall v Minister for Finance & ors [2013] IESC 10 (20 February 2013)

The Supreme Court dismissed the motion for joinder, holding that the applicants' interests did not justify their addition as parties to the appeal, as their participation was not necessary to adjudicate the appeal and would conflict with the appellate nature of the Court's jurisdiction. Joinder for the purpose of future High Court proceedings was not permissible.

Citation
[2013] IESC 10
Parties
Applicant/appellant: David Hall; Defendant/respondent: Minister for Finance; Defendant/respondent: Ireland; Defendant/respondent: Attorney General; Defendant/respondent: Central Bank of Ireland; Notice Party: Irish Bank Resolution Corporation; Notice Party: Educational Building Society Limited; Applicants for Joinder: Five Teachtaí Dála (members of Dáil Éireann)
Jurisdiction
Ireland
Judgment Date
20 February 2013
Procedural Posture
Appeal / Motion to Join Parties to Appeal
Outcome
Motion dismissed
Legal Topics
Locus Standi, Joinder of Parties, Public Finance, Promissory Notes, Judicial Review
Constitutional Law Administrative Law Civil Procedure Locus Standi Joinder of Parties Public Finance Promissory Notes Judicial Review

Case Brief

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Parties

David Hall

Applicant/appellant

Minister for Finance

Defendant/respondent

Ireland

Defendant/respondent

Attorney General

Defendant/respondent

Central Bank of Ireland

Defendant/respondent

Irish Bank Resolution Corporation

Notice Party

Educational Building Society Limited

Notice Party

Five Teachtaí Dála (members of Dáil Éireann)

Applicants for Joinder

Procedural Posture

Appeal / Motion to Join Parties to Appeal

Legal Issues

  1. 1 Whether non-members of Dáil Éireann have locus standi to challenge government financial actions
  2. 2 Whether members of Dáil Éireann should be joined as parties to the appeal
  3. 3 Whether joinder at appellate stage is permissible under Rules of Superior Courts

Ratio Decidendi

The Supreme Court dismissed the motion for joinder, holding that the applicants' interests did not justify their addition as parties to the appeal, as their participation was not necessary to adjudicate the appeal and would conflict with the appellate nature of the Court's jurisdiction. Joinder for the purpose of future High Court proceedings was not permissible.

Court Disposition

Motion dismissed

Orders

  • Application to join five Teachtaí Dála as parties to the appeal is refused