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You are here: BAILII >> Databases >> Supreme Court of Ireland Decisions >> National Association of Regional Game Councils v. Minister for Justice [1998] IESC 25 (7th August, 1998) URL: http://www.bailii.org/ie/cases/IESC/1998/25.html Cite as: [1998] IESC 25 |
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1. In
the substantial proceedings herein the Plaintiffs app1ied for and obtained a
declaration that the Minister had not been following the correct procedures in
issuing a certain Certificate in respect of gun licenses, and Mr. Justice
Quirke granted that relief to them in his Order a draft of which has been
produced to us of the 10
th
July, 1998.
2. The
Applicants, on reflection, were not satisfied with that particular Order and
they obtained an Order in wider terms by way of clarification of the original
Order. The Minister objects to the clarification Order on two grounds. He says,
first, that the trial Judge was at that stage functus officio and secondly he
objects to the further burden being placed upon him because he admits that he
followed the incorrect procedures and that the original Declarations were
correct and he is surrendering his position in that respect. But, he says, he
objects to the new obligation being imposed upon him in the second Order of the
31st July, 1998.
3. It
appears to this Court that the Minister certainly has good grounds for an
appeal and that the matter should be decided as soon as possible by this Court,
and in the interval, it appears to this Court perfectly proper to grant a stay
to the Minister so the Court will grant a stay pending the determination of the
appeal.