The High Court has remitted a judicial review case brought by Trevor Rogers, Jason Rogers and Barnmac Contracting Ltd to a plenary hearing, saying the remaining damages issues require oral evidence.
In a judgment delivered on 21 December 2005, Mr Justice O’Leary said the case arose from the same events as related proceedings involving Paul Rogers, Patrick Rogers and Barnroe Ltd. The two cases had the same respondents, but different applicant companies. The judgment described the companies as occupying the same or adjacent premises and having connected directors.
The court said the complaint in this case appeared to concern the validity of a search warrant in the related case, and the seizure of records and other material said to belong to Barnmac Contracting Ltd rather than Barnroe Ltd, the company at the centre of that search. The matter had not been opened to the court, and the judge said he was assessing the complaint from the related proceedings and the pleadings in this case.
The judge did not consider that an order for certiorari, prohibition, declarations or mandamus was required. He said the substantive matters remaining in issue related to damages, and could not be decided in judicial review because claims concerning the alleged illegal seizure of documents and equipment required oral evidence at a plenary hearing. The court had also received no assistance on what loss, if any, the applicants had suffered.
The court remitted the matter to plenary hearing. Either party may progress the proceedings by applying for directions in the Master’s Court or the High Court, as appropriate. The judgment did not decide whether the seizure was illegal or whether the applicants suffered loss.