The Supreme Court has directed that the “Greendale motions” in Michael F. Murphy’s appeals against John, Geraldine, Darren and Tracy Gilligan be heard before the substantive appeals.
In a ruling delivered on 9 July 2014, Justice Clarke said the motions sought leave to reopen issues previously decided by the Supreme Court. He said such leave could be granted only in “very limited and exceptional circumstances”. The ruling did not decide whether permission should be granted.
Counsel for both sides had indicated during case management that the motions were difficult to separate from other issues in the appeals. They suggested hearing the motions alongside the appeals, partly to save time and improve clarity. The Court said it was concerned that the constitutional importance of finality in its orders be recognised, and directed that the motions be heard first despite the logistical difficulties.
The Court said it would endeavour to assign the same panel to hear both the motions and the substantive appeals. It may hear an outline of arguments on appeal issues that could arise if the motions succeed, so that the panel would have that outline before hearing the appeals.
The Court required the moving parties to file revised submissions focused on the Greendale motions, followed by responding submissions on behalf of the bureau. Those submissions may outline arguments on the underlying appeal issues if the motions are successful. The case was to be listed for further case management to ensure the motions could be heard in a timely fashion.
The ruling sets the order and next procedural steps for the appeals. It does not determine the motions or the substantive appeals.