Irwin -v- Deasy [2010] IESC 35 (14 May 2010)

Irwin -v- Deasy [2010] IESC 35 (14 May 2010)

Despite the settlement between the parties rendering the dispute moot, the Supreme Court exercised its discretion to allow the appeal to proceed due to the exceptional public importance of the legal issues raised, the existence of numerous similar pending cases, and the ongoing impact on the statutory powers of the Revenue Commissioners.

Citation
[2010] IESC 35
Parties
Applicant / Appellant: Liam Irwin; Respondent: Thomas Deasy; Respondent: Carmel Deasy
Jurisdiction
Ireland
Judgment Date
14 May 2010
Procedural Posture
Appeal / Preliminary Application to Proceed With Appeal Despite Mootness
Outcome
Appeal allowed to proceed
Legal Topics
Mootness Doctrine, Judgment Mortgages, Partition of Land, Jurisdiction of Courts, Enforcement of Judgments
Civil Procedure Property Law Tax Law Mootness Doctrine Judgment Mortgages Partition of Land Jurisdiction of Courts Enforcement of Judgments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Liam Irwin

Applicant / Appellant

Thomas Deasy

Respondent

Carmel Deasy

Respondent

Procedural Posture

Appeal / Preliminary Application to Proceed With Appeal Despite Mootness

Legal Issues

  1. 1 Whether the Supreme Court should allow an appeal to proceed where the underlying dispute between the parties has become moot
  2. 2 Whether the Revenue Commissioners have a real and material interest in the appeal despite settlement
  3. 3 Whether the High Court has jurisdiction to order partition or sale of co-owned registered land to enforce a judgment mortgage

Ratio Decidendi

Despite the settlement between the parties rendering the dispute moot, the Supreme Court exercised its discretion to allow the appeal to proceed due to the exceptional public importance of the legal issues raised, the existence of numerous similar pending cases, and the ongoing impact on the statutory powers of the Revenue Commissioners.

Court Disposition

Appeal allowed to proceed

Orders

  • The appeal may proceed and will be listed for hearing next term.