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Judicial review application denied due to misinterpretation of Article 40.4 exemption
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High Court denied an application seeking exemption from stamp duty for a notice of motion intended to set aside a previous judgment. The applicant, representing themselves, claimed the exemption under Article 40.4 of the Constitution, which pertains to personal liberty and unlawful detention. However, the court clarified that the exemption applies specifically to proceedings instituted under Article 40.4.2 to 4, which deal with the release from physical detention, and not to judicial reviews such as the present case. Consequently, the application was deemed to be based on a misunderstanding of the law, and the request for stamp duty exemption was refused. The court also decided not to order costs, considering the quasi-environmental nature of the original challenge and the State's involvement in what was initially an ex parte application.
Judicial Review, Stamp Duty Exemption, Article 40.4 of the Constitution, Personal Liberty, Unlawful Detention, High Court, Ex Parte Application, Misinterpretation of Law, Legal Proceedings, Quasi-Environmental Challenge, Costs, Inherent Jurisdiction, Procedural Fairness, Separation of Powers, Statutory Authority, Ultra Vires, Inherent Jurisdiction, Standing Orders of Dáil Éireann, Quorum Requirements, Constitutional Invalidity.
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