Wrong test applied in forfeiting vehicle to the State

Police property application – judicial review – s.1(1) of the Police Property Act of 1897 – ownership of Range Rover Sport motor-car – seized vehicle had been reported stolen and was believed to be the subject of a hire-purchase agreement in UK – DVLA certificate was not dispositive of ownership – Mr Donoghue had made out a possessory title to the Range Rover but had not proved his ownership of same, so vehicle forfeited to the State – hearing of further evidence – Rule 10, Order 33 of the Circuit Court Rules – whether the Circuit judge erred in law or acted ultra vires when he directed that a further witness called and heard that witness – whether the Circuit Court judge engaged in an improper inquisitorial exercise – whether the Circuit Court judge erred when he distinguished between possessory title and ownership – Mr Donoghue satisfies the criteria of ‘ownership’ for the purposes of s.1(1) – Hogan and Morgan note in Administrative Law in Ireland (4th edition, 2010) – Circuit Court judge applied the wrong legal test to the facts before him, resulting in a forfeiture of property to the State – Circuit Court order for possession quashed and order made to return vehicle to applicant – reliefs granted.