18 Aug 2017
The Court held that an appeal from a District Court judgment requires leave under s63(1) and that the correct procedural route to challenge a judgment entered for failure to file a notice of intention to defend is by application to the District Court under Order 13 r9 to set aside or stay the judgment; accordingly the appeal was dismissed and permission would not have been granted.
13 Jan 2017
Leave to appeal was refused because the Father failed to satisfy the statutory threshold under s63A(2); the Judge did not err in law or breach natural justice as the Father had no right to file a reply absent an order, the summons did not stay the proceedings, the Father caused delay and failed to draw the summons to the Judge’s attention, and the costs discretion was not improperly exercised; there was no reasonable prospect of success.
6 Jan 2016
The judge accepted that the husband was not out of time under Order 58, Rule 2(4)(c), rendering the application for leave to appeal out of time misconceived; therefore the summons was dismissed and costs ordered to the wife on a party and party basis to be assessed summary assessment.
6 Feb 2009
Rule 21 is framed in the present tense and applies to the actual trial; it does not apply to a pre-trial summons application. Order 38 rules 4 and 36 are not directly applicable at this stage. There was therefore no legal basis for the summons as taken out. The court ordered relief in terms of (1), (3) and (4) of the summons and ordered costs of the summons application to be costs in the cause with a certificate for counsel.