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Court refuses to review its decision after giving judgment
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Court of Appeal, following giving judgment in the substantive matter electronically due to the COVID-19 pandemic: (i) holds that it should not revisit its judgment and dismisses the appeal, on the grounds that: (a) some of the objections raised by the appellants were based on a false premise and were misconceived; (b) the appellants raised no objection to the submissions of the respondent bank in relation to its name and cannot now object after a decision has been given; (c) although the Court needs to only address the key points raised in its judgment, the decision in this case had adverted to all 12 grounds of appeal in detail; and (d) the submissions seek to revisit the merits of the judgement on the basis that the appellants believe it to be wrong which the Court is not entitled to do; and (ii) awards the respondent the costs of the hearing in the High Court and of this appeal.
Court of Appeal (nem diss): The substantive judgment in this appeal, which dealt with summary judgment matters, was delivered by Murray J on 26 March 2020 ([2020] IECA 75) electronically due to the COVID-19 pandemic - the Court received a number of submissions after the judgment was given - one of the submissions related to issues that the appellants believed went to the "very heart of the judgment" - whether the Court should revisit its judgment to deal with "procedural and practice errors" alleged by the appellants - costs of the appeal - Court will not review its judgment - appeal dismissed costs of the hearing in the High Court and of this appeal awarded to the respondent.
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