Daniel McAteer and Aine McAteer and Sanjeev Guram and Anoop Guram
| Jurisdiction | Northern Ireland |
| Judge | Keegan LCJ |
| Judgment Date | 05 October 2023 |
| Neutral Citation | [2023] NICA 59 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No: [2023] NICA 59
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: KEE12269
ICOS No: 03/24851/A03
Delivered: 05/10/2023
IN HIS MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
___________
Between:
DANIEL McATEER and AINE McATEER
Defendants /Appellants
and
SANJEEV GURAM and ANOOP GURAM
Plaintiffs /Respondents
___________
Mr McAteer appeared as a Litigant in Person
Mr Maxwell (instructed by Mills Selig, Solicitors) for Mr Sanjeev Guram
___________
Before: Keegan LCJ and Scoffield J
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KEEGAN LCJ (delivering the judgment of the court)
Introduction
[1] The simple question in this case is whether the Court of Appeal has
jurisdiction to hear an appeal from the order of Master Redpath of 7 January 2013 in
Chancery proceedings. It is unnecessary for us to explain the entire history of this
case, or the related litigation, which is well documented in other judgments,
particularly the most recent decision of the court in McAteer & Anor v Guram & Anor
[2022] NICA 32.
[2] For present purposes, this court is only considering whether the order of
Master Redpath, against which the appellants are seeking to pursue an appeal, arose
from a referral to him under the Rules of the Court of Judicature (Northern Ireland)
1981, Order 36 (‘Trials before Masters and Referees’) or under Order 44
(‘Proceedings under Judgments and Orders: Chancery Division’).
[3] The Chancery Judge declined to hear the appellants’ appeal on the basis that,
since Master Redpath had proceeded under Order 36, the correct forum for the
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