Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Circuit Court did not have jurisdiction to hear possession action where property was not rateable
|
or click here to request site subscription to search and view all judgments |
Court of Appeal, in answer to case stated by the High Court, determines that, where property was not rateable, the Circuit Court did not have jurisdiction to hear an action for possession, where the statutory jurisdiction to hear the matter was dependent on the a particular rateable valuation.
Hogan J (nem diss): Property not rateable by virtue of Valuation Act 2001 - whether Circuit Court had jurisdiction in respect of action for possession - 2008 mortgage - five properties - default on repayments - Circuit Court proceedings - rateable valuation stated not to exceed €293.95 - certificate from Valuation Office stating that properties not valued but that valuation "will not exceed €293.95" - orders for possession granted - appeal to High Court - whether Circuit Court had jurisdiction to hear possession suits in respect of un-rateable properties - conflicting authorities in High Court - case stated by High Court to Court of Appeal - jurisdiction of Circuit Court - Article 34.3.4 of the constitution - court of local limited jurisdiction - s 22(1), Courts (Supplemental Provisions) Act 1961 - historic legislation - Valuation Act 2001 - system of rates - abolition of rates on domestic dwellings - Local Government (Financial Provisions) Act 1978 - domestic dwellings "shall not be rateable" under 2001 Act - whether the absence of rateable valuation deprived the Circuit Court of jurisdiction - whether conclusion would lead to an absurd result - Part 10 of the Land and Conveyancing Act 2009 - unfortunate and unintended consequences.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
