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Supreme Court allows appeal from High Court, and sets aside order dismissing as "bound to fail" a claim by a building contractor for occupation of a site pursuant to the building agreement as against a bank that claimed an entitlement to possession pursuant to a mortgage, on the grounds that there were complex legal issues to be determined that were inappropriate to deal with on a motion to dismiss.
Clarke J (nem diss): Construction of holiday homes - economic collapse resulting in inability of developer to pay - litigation between contractor and bank - charge on lands - whether contractor entitled to occupy the premises on foot of building contract - application by contractor for injunction to restrain occupation of lands - application by bank and receiver to have proceedings dismissed - claim dismissed in High Court (Laffoy J) - whether proceedings were "bound to fail" - inherent jurisdiction of court - whether any arguable basis in law and fact for claim to be made - whether case before Supreme Court differed from that made before the High Court - leeway to be given on appeal to a party who faces being deprived of their entitlement to a new trial - whether contractor allowed to remain in possession of site pursuant to contract - whether bank entitled to go into possession or to appoint receiver pursuant to mortgage agreement.
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