The Court of Appeal allowed Allied Irish Banks plc’s appeal after the Master of the High Court struck out its summary summons against Eileen Pierce over a contested pleading point.
In a judgment delivered on 22 April 2015, Kelly J agreed with Hogan J’s judgment and added that the Master had acted beyond his jurisdiction. He said that under Order 37, the Master could transfer a contested case for a judge to decide but could not determine the dispute or strike out the proceedings.
The bank’s motion for leave to enter final judgment had first been listed before the Master on 11 July 2013. At a hearing on 13 March 2014, the Master raised concerns about the summons’s special endorsement of claim and required submissions on that issue. Kelly J noted that there was no evidence from Ms Pierce that the alleged defect had caused her prejudice.
An affidavit filed for the bank exhibited open correspondence from Ms Pierce’s financial advisers, dated 10 September 2013. Kelly J said the correspondence offered to settle the litigation and acknowledged indebtedness of €781,000. The Master heard the pleading issue on 10 July 2014 and reserved his decision until 16 October, when he struck out the summons.
Kelly J said that decision was wrong and beyond the Master’s authority. He referred to earlier High Court decisions holding that the Master could not dismiss or make final orders in contested cases, whether the dispute concerned facts, law or an alleged procedural irregularity. He said the jurisdictional error delayed the case for well over a year, while interest accrued and costs increased.
The Court of Appeal allowed the appeal. Kelly J’s judgment does not itself state that final judgment was entered for the bank or set out any further order. The source says Kelly J concurred in the view that the appeal should be allowed.