Proceedings seeking specific performance remitted to Circuit Court

Application by defendant to have proceedings remitted to Circuit Court - proceedings seeking specific performance and in the alternative damages in lieu of specific performance and damages for breach of contract - concerning agreement whereby the property of the plaintiff’s deceased father was to be sold and the proceeds thereof distributed in accordance with the terms of said agreement - agreement made subject of High Court order which also stated that the court was satisfied as to the due execution of the will - plaintiff entitled to one ninth of the proceeds from the sale of the property - plaintiff had been offered €25,000 and later €33,750 based on valuations of the property but had not engaged with offers - later valuation of the property was €685,000 to €700,000 - Circuit Court has jurisdiction to hear and determine proceedings for the specific performance of contracts and proceedings for the partition or sale of land where the market value of the land does not exceed €3 million - current monetary jurisdiction of the Circuit Court is €75,000 - contention by plaintiff that the proceedings in fact concerned the validity of the will and therefore had been brought in the High Court - plaintiff contended that damages, including punitive damages for breach of contract, could be in the region of €220,000 - whether, on its face, the plaintiff’s action for specific performance could have been commenced in the Circuit Court - whether the plaintiff could recover damages in excess of the Circuit Court’s jurisdiction - whether there was anything that would warrant the court refusing to remit the proceedings to the Circuit Court.