asked the Minister for Justice whether his attention has been drawn to the decision of the Supreme Court setting aside the judgment obtained in the case of Stokes & Son, Ltd., plaintiffs, v. W.H. Wilkie, defendant, on the ground of irregularity of procedure; whether the procedure adopted in this case was the same as that adopted in all similar actions prior to the date of the decision; and if so whether the Minister will introduce proposals for legislation to validate judgments obtained in a similar manner and mortagages registered upon those judgments.
CEISTEANNA—QUESTIONS. ORAL ANSWERS. - SUPREME COURT DECISION.
The answer to all three parts of the question is in the affirmative. The Bill which is in course of preparation will provide that all judgments obtained under the impugned procedure which have not up to date been expressly set aside by the court will be validated ab initio so that all proceedings taken in good faith which would have been of valid effect if the judgments had themselves been valid will be incapable of being reversed or upset on the sole ground that the judgments were originally wrongly entered. In reference to judgments expressly set aside, I cannot undertake that they will be set up again, but the Bill will provide, however, that no action for damages will lie against any party in respect of any acts, otherwise lawful, based upon good faith in the validity of the original judgment.