William Mulrooney has been refused leave to appeal to the Supreme Court in a case brought against him by Carrick-on-Suir Livestock Sales Limited. The Supreme Court delivered its determination on 8 July 2016.
The company sued for €24,881.40 and obtained a default judgment in the Circuit Court office on 11 August 2014, because no defence was filed. Mr Mulrooney's bid to set that judgment aside was dismissed in the Circuit Court on 31 October 2014. The High Court dismissed his appeal on 2 February 2015 and refused a further application on 20 April 2015.
On 2 July 2015 Mr Justice Kelly in the Court of Appeal struck out his appeal for want of jurisdiction. This was based on section 39 of the Courts of Justice Act 1936, which makes a High Court decision on a Circuit Court appeal final.
The Supreme Court noted that Mr Mulrooney had not filed the required papers despite reminders from the Registrar. It also said he had made no attempt to show a matter of general public importance or a need in the interests of justice.
The court nonetheless considered his main point. It held that Mr Justice Kelly had applied long-standing law and that neither constitutional requirement was met. The company did not take part in the application.