Superwood Holdings Plc & ors -v- Sun Alliance and London Insurance Plc t/a Sun Alliance Insurance Group & ors [2014] IESC 14 (21 February 2014)

Superwood Holdings Plc & ors -v- Sun Alliance and London Insurance Plc t/a Sun Alliance Insurance Group & ors [2014] IESC 14 (21 February 2014)

Once an appeal has been finally dismissed by the Supreme Court, there is no jurisdiction to re-enter the appeal or admit new evidence, except in rare and exceptional circumstances such as fraud, which must be pursued by separate proceedings. The applicants' motion was misconceived as no appeal was pending and the court's final order was conclusive.

Citation
[2014] IESC 14
Parties
Appellant/plaintiff: Superwood Holdings Plc; Appellant/plaintiff: Superwood Limited; Appellant/plaintiff: Superwood Exports Limited; Appellant/plaintiff: Superwood International Limited; Appellant/plaintiff: Superchip Limited; Appellant/plaintiff: Superwood (U.K.) Limited; Respondent/defendant: Sun Alliance and London Insurance Plc t/a Sun Alliance Insurance Group; Respondent/defendant: Prudential Assurance Company Limited; Respondent/defendant: Church and General Insurance Company Limited; Respondent/defendant: Raymond P. McGovern as Lloyds Underwriters Sole Representative Republic of Ireland
Jurisdiction
Ireland
Judgment Date
21 February 2014
Procedural Posture
Civil Appeal / Application to Re Enter Dismissed Supreme Court Appeal and Admit New Evidence
Outcome
application dismissed
Legal Topics
Security for Costs, Finality of Judgments, Admission of New Evidence on Appeal, Jurisdiction to Re Enter Dismissed Appeals
Civil Procedure Insurance Law Security for Costs Finality of Judgments Admission of New Evidence on Appeal Jurisdiction to Re Enter Dismissed Appeals

Case Brief

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Parties

Superwood Holdings Plc

Appellant/plaintiff

Superwood Limited

Appellant/plaintiff

Superwood Exports Limited

Appellant/plaintiff

Superwood International Limited

Appellant/plaintiff

Superchip Limited

Appellant/plaintiff

Superwood (U.K.) Limited

Appellant/plaintiff

Sun Alliance and London Insurance Plc t/a Sun Alliance Insurance Group

Respondent/defendant

Prudential Assurance Company Limited

Respondent/defendant

Church and General Insurance Company Limited

Respondent/defendant

Raymond P. McGovern as Lloyds Underwriters Sole Representative Republic of Ireland

Respondent/defendant

Procedural Posture

Civil Appeal / Application to Re Enter Dismissed Supreme Court Appeal and Admit New Evidence

Legal Issues

  1. 1 Whether the Supreme Court has jurisdiction to re-enter an appeal that has been finally dismissed for failure to provide security for costs
  2. 2 Whether new evidence can be admitted after final dismissal of an appeal
  3. 3 Whether any relief can be granted in respect of a final Supreme Court order absent fraud or other exceptional circumstances

Ratio Decidendi

Once an appeal has been finally dismissed by the Supreme Court, there is no jurisdiction to re-enter the appeal or admit new evidence, except in rare and exceptional circumstances such as fraud, which must be pursued by separate proceedings. The applicants' motion was misconceived as no appeal was pending and the court's final order was conclusive.

Court Disposition

application dismissed

Orders

  • Application to re-enter the appeal dismissed
  • Application to admit new evidence dismissed