Sheehy v. Ryan & Anor [2005] IEHC 419 (14 December 2005)

Sheehy v. Ryan & Anor [2005] IEHC 419 (14 December 2005)

The High Court has no jurisdiction to reinstate interlocutory relief or order a rehearing after a final judgment has been delivered and an appeal is pending; any such relief must be sought from the Supreme Court. Further applications to the High Court in this matter are an abuse of process.

Citation
[2005] IEHC 419
Parties
Plaintiff: Mary Sheehy; Defendant: Laurence Ryan; Defendant: James Moriarty
Jurisdiction
Ireland
Judgment Date
14 December 2005
Procedural Posture
High Court Civil Motion / Post Trial, Pending Supreme Court Appeal
Outcome
Application refused; order restraining further High Court motions without leave pending appeal.
Legal Topics
Abuse of Process, Interlocutory Relief, Appeal Procedure, Dismissal of Proceedings
Civil Procedure Employment Law Abuse of Process Interlocutory Relief Appeal Procedure Dismissal of Proceedings

Case Brief

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Parties

Mary Sheehy

Plaintiff

Laurence Ryan

Defendant

James Moriarty

Defendant

Procedural Posture

High Court Civil Motion / Post Trial, Pending Supreme Court Appeal

Legal Issues

  1. 1 Whether the High Court can reinstate interlocutory relief or order a rehearing against a deceased defendant after a final judgment and pending appeal
  2. 2 Whether the plaintiff is entitled to further relief from the High Court after dismissal of her claim and while an appeal is pending

Ratio Decidendi

The High Court has no jurisdiction to reinstate interlocutory relief or order a rehearing after a final judgment has been delivered and an appeal is pending; any such relief must be sought from the Supreme Court. Further applications to the High Court in this matter are an abuse of process.

Court Disposition

Application refused; order restraining further High Court motions without leave pending appeal.

Orders

  • Refusal of relief sought by plaintiff
  • Order restraining plaintiff from issuing further High Court motions or applications in this matter prior to Supreme Court appeal determination, without ex parte leave