High Court refuses to order the release of an applicant imprisoned by way of contempt during a District Court hearing concerning the failure to engage with the instalment order process arising from a Circuit Court judgment obtained against the applicant, on the grounds that: 1) the manner in which this matter was brought before the court by the applicant constitutes a clear abuse of process, and at the ex parte stage the applicant owes a duty of candour and the utmost good faith towards the court; and 2) it is not an appropriate case for the habeas corpus procedure.
Contempt – Article 40.4.2 – habeas corpus – Circuit Court judgment obtained against the applicant in a sum of approximately €38,000 and costs in favour of Credit Union – instalment order against the applicant ordering him to pay the total due in monthly instalments of €300 each – section 6 of the Enforcement of Court Orders Act, 1940 as substituted by s. 2 of the Enforcement of Court Orders (Amendment) Act, 2009 – applicant imprisoned for failing to engage with court process – procedure under Article 40 – Kevin Costello, The Law of Habeas Corpus in Ireland (Four Courts Press, 2006) – can the court refuse Article 40 relief on any basis other than that the detention is lawful? – manner in which this matter was brought before the court by the applicant constitutes a clear abuse of process – matter is not appropriate for Article 40 procedure – duty of candour and utmost good faith towards the court – warrant in issue is not void for duplicity – detention of the applicant is lawful – application for release of prisoner refused.