Kavanagh v Morrin [2019] IECA 117 (12 April 2019)

Kavanagh v Morrin [2019] IECA 117 (12 April 2019)

The appellant was not afforded fairness of process in the conduct of the hearing of the motion for attachment and committal on 5 March 2019, as he was denied the opportunity to make submissions and seek a short adjournment, breaching natural justice and fair procedures.

Citation
[2019] IECA 117
Parties
Plaintiff/respondent: Tom Kavanagh; Defendant/appellant: Tom Morrin
Jurisdiction
Ireland
Judgment Date
12 April 2019
Procedural Posture
Appeal / Judgment on Appeal From High Court Order
Outcome
Appeal allowed
Legal Topics
Attachment and Committal, Fair Hearing, Consent Orders, Implied Terms, Contempt of Court
Civil Procedure Property Law Attachment and Committal Fair Hearing Consent Orders Implied Terms Contempt of Court

Case Brief

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Parties

Tom Kavanagh

Plaintiff/respondent

Tom Morrin

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From High Court Order

Legal Issues

  1. 1 Whether the appellant was afforded a fair hearing in the attachment and committal motion
  2. 2 Whether refusal of adjournment and opportunity to make submissions breached fair procedures
  3. 3 Whether a stay on the order cures prejudice caused by lack of fair process

Ratio Decidendi

The appellant was not afforded fairness of process in the conduct of the hearing of the motion for attachment and committal on 5 March 2019, as he was denied the opportunity to make submissions and seek a short adjournment, breaching natural justice and fair procedures.

Court Disposition

Appeal allowed

Orders

  • Matter returned to High Court Chancery List for determination by another judge
  • No assistance to appellant in further delaying contempt motion or possession application