Chancery (Ireland) Act, 1867

Upon hearing, Court to determine questions and make declarations.

Effect of declarations.

Court may refuse to decide.

124. It shall be lawful for the Court, upon hearing of any such special case as aforesaid, to determine the questions raised therein, or any of them, and by decree to declare its opinion thereon, and, so far as the case shall admit of the same, upon the right involved therein, without proceeding to administer any relief consequent upon such declaration; and every such declaration of the Court contained in any such decree shall have the same force and effect as such declaration would have had, and shall be binding to the same extent as such declaration would have been, if contained in a decree made in a suit between the same parties instituted by bill: Provided always, that if upon the hearing of such special case as aforesaid the Court shall be of opinion that the questions raised thereby, or any of them, cannot properly be decided upon such case, the Court may refuse to decide the same.