Eireann v Connor [2015] NIMaster 11 (16 October 2015)

Eireann v Connor [2015] NIMaster 11 (16 October 2015)

A Master does not have jurisdiction under Order 19 Rule 9 to set aside an assessment of damages made by another Master after hearing evidence with both parties represented; such matters must be appealed to the Court of Appeal.

Citation
[2015] NIMaster 11
Parties
Plaintiff: Bus Eireann; Defendant: John Connor
Jurisdiction
Northern Ireland
Judgment Date
16 October 2015
Procedural Posture
Civil / Application to Set Aside Assessment of Damages
Outcome
application dismissed
Legal Topics
Setting Aside Judgments, Assessment of Damages, Jurisdiction of Masters
Civil Procedure Setting Aside Judgments Assessment of Damages Jurisdiction of Masters

Case Brief

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Parties

Bus Eireann

Plaintiff

John Connor

Defendant

Procedural Posture

Civil / Application to Set Aside Assessment of Damages

Legal Issues

  1. 1 Whether a Master has jurisdiction to set aside an assessment of damages made by another Master
  2. 2 Interpretation of Order 19 Rule 9 regarding setting aside judgments

Ratio Decidendi

A Master does not have jurisdiction under Order 19 Rule 9 to set aside an assessment of damages made by another Master after hearing evidence with both parties represented; such matters must be appealed to the Court of Appeal.

Court Disposition

application dismissed

Orders

  • costs of the application awarded to the plaintiff
  • certified for counsel