A.B. v X.Y. [2019] IECA 326 (20 December 2019)

A.B. v X.Y. [2019] IECA 326 (20 December 2019)

The respondent failed to provide good and sufficient reason for the delay in bringing judicial review proceedings; her explanations were inconsistent and lacked credibility, and the High Court erred by not properly weighing all relevant evidence and the effect of the extension on the appellant. The appellate court is not bound by findings unsupported by credible evidence and must set aside the High Court's order extending time.

Citation
[2019] IECA 326
Parties
Appellant/respondent: A. B.; Respondent/applicant: X. Y.
Jurisdiction
Ireland
Judgment Date
20 December 2019
Procedural Posture
Appeal / Judgment on Appeal From High Court Decision Extending Time for Judicial Review and Quashing Circuit Court Order
Outcome
Appeal allowed; High Court order vacated
Legal Topics
Extension of Time for Judicial Review, Duty of Candour in Ex Parte Applications, Jurisdiction of Circuit and District Courts, Enforcement of Access Orders, Best Interests of the Child
Family Law Judicial Review Civil Procedure Extension of Time for Judicial Review Duty of Candour in Ex Parte Applications Jurisdiction of Circuit and District Courts Enforcement of Access Orders Best Interests of the Child

Case Brief

Summary, issues, holding and outcome

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Parties

A. B.

Appellant/respondent

X. Y.

Respondent/applicant

Procedural Posture

Appeal / Judgment on Appeal From High Court Decision Extending Time for Judicial Review and Quashing Circuit Court Order

Legal Issues

  1. 1 Whether the respondent had shown good and sufficient reason for extending time to bring judicial review proceedings
  2. 2 Whether the High Court erred in finding the delay was outside the respondent's control
  3. 3 Whether the appellant was prejudiced by the extension of time

Ratio Decidendi

The respondent failed to provide good and sufficient reason for the delay in bringing judicial review proceedings; her explanations were inconsistent and lacked credibility, and the High Court erred by not properly weighing all relevant evidence and the effect of the extension on the appellant. The appellate court is not bound by findings unsupported by credible evidence and must set aside the High Court's order extending time.

Court Disposition

Appeal allowed; High Court order vacated

Orders

  • Order of the High Court dated 8 March 2019 vacated
  • No extension of time for judicial review granted