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Supreme Court to review if Court of Appeal misunderstood role of appellate court

Summary

In Leopardstown Club v Templeville Developments, the Supreme Court granted Leopardstown leave to appeal a Court of Appeal decision that allegedly overturned the High Court trial judge's findings of fact. The Supreme Court held that it is a matter of genuine public interest to allow an appeal where the Court of Appeal may have misapplied the rule from Hay v O'Grady concerning the role of an appellate court. The Court reiterated that an appellate court does not have the same opportunity to see and hear witnesses as the trial judge, and that if the trial judge's findings are supported by credible evidence, the appellate court is bound by those findings. The Court also granted leave to appeal on the interpretation of s 86 of the Land & Conveyancing Law Reform Act 2009 and the Court of Appeal's application of the rule from Gahan v Boland regarding constructive notice as a defence against a claim of misrepresentation.

Who, what, where, when and why

What: Report matter: Supreme Court to review if Court of Appeal misunderstood role of appellate court. Procedural stage: appeal

When:

• 2016-02-24 Publication

Places mentioned

Topics

Stage Appeal

Read the original CNI report