Allied Irish Banks PLC -v- Fardy & anor : Judgments & Determinations : Courts Service of Ireland

Determination

Title:	Allied Irish Banks PLC -v- Fardy & anor
Neutral Citation:	[2018] IESCDET 184
Supreme Court Record Number:	S:LE:IE:2013:000424
Court of Appeal Record Number:	A:AP:IE:2014:000987
High Court Record Number:	2010 No. 4564 S
Date of Determination:	10/26/2018
Composition of Court:	Clarke C.J., O’Malley J., Finlay Geoghegan J.
Status:	Approved

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Supporting Documents:

THE SUPREME COURT

DETERMINATION

BETWEEN

ALLIED IRISH BANKS PLC

PLAINTIFF/RESPONDENT

AND
JACK FARDY AND GERALDINE WHELAN

DEFENDANTS/APPELLANTS

APPLICATION REFERRED TO IN ARTICLE 64.3.3° OF THE CONSTITUTION

RESULT: The Court made an order on the 26^th October, 2018 cancelling the direction given in respect of this appeal

REASONS GIVEN:

This determination relates to an application brought by the defendants/appellants seeking an order under Article 64 of the Constitution which would have the effect of cancelling an original direction given by the Chief Justice (with the concurrence of the other members of the Court) transferring this appeal, amongst others, to the Court of Appeal.

Immediately after the coming into force of the 33^rd Amendment of the Constitution, the order of the Chief Justice referred to above was made which had the effect of transferring a significant number of appeals from this Court to the Court of Appeal. In the events which have transpired, almost all of the appeals which pre-dated the coming into effect of the 33^rd Amendment, but which were retained by this Court, have now been disposed of. However, there remains to be heard a significant number of such appeals which were transferred to the Court of Appeal. In those circumstances, it was intimated on behalf of this Court that it would be prepared to consider applications of this type with a view to returning some of the relevant appeals, which remain outstanding in the Court of Appeal, to this Court. The purpose behind that suggestion was to assist in alleviating the backlog which has emerged in the Court of Appeal.

In those circumstances this Court is prepared in principle, to give favourable consideration to applications of this type.

Consequently, on the 26^th October 2018, the Court made an order cancelling the original direction given by the Chief Justice under Article 64.3.1 of the Constitution so that this appeal will now be heard in this Court.

And It is hereby so ordered accordingly.