This matter began as a fraudulent civil claim in the District Court against Munster Wireless Ltd. for an alleged failure to pay monies allegedly due to Tipperary County Council for Commercial Rates. The District Court judge, Terence Finn, refused to allow the Digital Audio Recording system to be active, refused to order the discovery of relevant documents held by Tipperary County Council and the Valuation Office, refused to recuse himself for demonstrated bias and found against the company without any evidence having been presented to prove a debt to Tipperary County Council,
Timeline
Supreme Court Determination 2020_IESCDET_103
- Supreme Court refused Leave to Appeal the decision of the Court of Appeal.
- Changed the name of the matter.
- Failed to address the substantive issues.
- Failed to refer to the CJEU under article 267 TFEU or declare an Acte Claire.
Application for Leave Booklet submitted
Application For Leave Booklet 2020-29 submitted to the Supreme Court along with a cover note giving a brief outline of the history of the matter, addressing the late filing and content of the respondents notice and including questions which should be considered when assessing the validity of the Respondents objections.
Respondents Notice lodged late to Supreme Court
The applicant became aware, from the Supreme Court office, on Thursday the 2nd of July that the
respondent’s notice had been filed on the 29th of May. The applicant wrote by email to the Chief
State Solicitor’s Office on the 2nd of July requesting a copy of the respondent’s notice which was
received by email on the 4th of July.
Application for Leave to Appeal to the Supreme Court 2020/29
Application for Leave to Appeal to the Supreme Court 2020/29
Court of Appeal Judgment 2019/328 – [2019]IECA286
Judgment was delivered by the Court of Appeal refusing the application for extension of time to appeal.
- Misinterpreted the literal and purposive meaning of sections 38, 41 & 868 of the Companies Act 2014 despite Ms. Justice Marie Whelan having been the Attorney General when the act was passed.
- Introduced legal uncertainty to the meaning of section 41 of the Companies Act 2014.
- Refused to refer a Case Stated to the Supreme Court on the interpretation of section 41 of the Companies Act 2014.
Notice of Motion for Extension of Time lodged to Court of Appeal
Notice of Motion and Grounding Affidavit was lodged with the Court of Appeal seeking an extension of time to appeal the High Court decision of Ms. Justice Faherty.
High Court Order 2014JR603
High Court order made refusing Application for Leave to Apply for Judicial Review.
Application for Leave to Apply for Judicial Review 2014JR603
Application for Leave to Apply for Judicial Review submitted to the High Court.