National Association of Regional Game Councils v. Minister for Justice [1998] IESC 25 (7th August, 1998)

National Association of Regional Game Councils v. Minister for Justice [1998] IESC 25 (7th August, 1998)

The Minister has grounds for appeal and it is proper to grant a stay pending determination of the appeal.

Citation
[1998] IESC 25
Parties
Applicant: Plaintiffs; Respondent: Minister
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Post Judgment, Stay Pending Appeal
Outcome
stay granted pending appeal
Legal Topics
Gun Licensing, Procedural Fairness, Functus Officio, Stay Pending Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiffs

Applicant

Minister

Respondent

Procedural Posture

Judicial Review / Post Judgment, Stay Pending Appeal

  1. 1 Whether the trial judge was functus officio when issuing the clarification order
  2. 2 Whether the Minister should be subject to the new obligation imposed by the clarification order
  3. 3 Whether a stay should be granted pending appeal

Ratio Decidendi

The Minister has grounds for appeal and it is proper to grant a stay pending determination of the appeal.

Court Disposition

stay granted pending appeal

Orders

  • stay of clarification order pending determination of appeal