New Appeal: Supreme Court approves a second appeal relating to the CoA’s application of Hay v O’Grady

Here (Donegal Investment Group v Danbywiske & Ors), the Supreme Court granted Danbywiske leave to appeal a Court the Appeal (Finlay Geoghegan J, Hogan J & Cregan J) decision to overturn the High Court (McGovern J) finding of fact as to the value of company shares. The Court approved three questions:

(a) Whether the principles set out in Hay v O’Grady as to the limits of an appellate court’s review of fact apply both generally and to expert testimony and, as such, constitute a complete code which cannot be departed from?

(b) Whether these principles were departed from in the rulings of the Court of Appeal on the findings of fact in the High Court relating to share valuation?

(c) Does the costs order of the Court of Appeal require to be reviewed?

In determining that Danbywiske satisfied the constitutional test for an appeal to the Supreme Court, the Court stated that it is “of the opinion that an issue of general public importance has arisen from the Court of Appeal judgment in relation to expert evidence and the role of such testimony in enabling a trial judge to make a choice as to the varying opinions and as to the proper approach to determining issues of fact in context”.

This is the second appeal that the Supreme Court has granted this year concerning the Court of Appeal’s application of the rule from Hay v O’Grady. In February, the Court granted leave in Leopardstown Club v Templeville Developments. The CoA judgments (2) in that case were written by Finlay Geoghegan J and Hogan J. See post here.

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  1. New Appeal: Supreme Court grants third appeal relating to the CoA’s application of the principles from Hay v O’Grady | SCOIRLBLOG

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