Commissioner of Public Works v. Brewer [2003] IESC 51 (31 July 2003)

Commissioner of Public Works v. Brewer [2003] IESC 51 (31 July 2003)

Extension of time to appeal granted only in respect of grounds relating to aggravated damages, as the applicant failed to establish legitimate grounds for wider appeal; mistake as to perfection of order was not sufficient excuse; all circumstances considered, including prejudice to respondent.

Citation
[2003] IESC 51
Parties
Defendant/applicant: Commissioners of Public Works in Ireland; Plaintiff/respondent: Terence Brewer
Jurisdiction
Ireland
Judgment Date
31 July 2003
Procedural Posture
Application to Extend Time for Appeal / Supreme Court Motion
Outcome
Extension of time to appeal granted only on grounds relating to aggravated damages; refused for wider appeal.
Legal Topics
Extension of Time to Appeal, Damages for Psychiatric Injury, Aggravated Damages, Mistake in Procedure
Civil Procedure Personal Injury Extension of Time to Appeal Damages for Psychiatric Injury Aggravated Damages Mistake in Procedure

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Parties

Commissioners of Public Works in Ireland

Defendant/applicant

Terence Brewer

Plaintiff/respondent

Procedural Posture

Application to Extend Time for Appeal / Supreme Court Motion

Legal Issues

  1. 1 Whether time for appeal should be extended
  2. 2 Whether grounds for appeal exist regarding aggravated damages
  3. 3 Whether mistake as to perfection of order constitutes valid excuse

Ratio Decidendi

Extension of time to appeal granted only in respect of grounds relating to aggravated damages, as the applicant failed to establish legitimate grounds for wider appeal; mistake as to perfection of order was not sufficient excuse; all circumstances considered, including prejudice to respondent.

Court Disposition

Extension of time to appeal granted only on grounds relating to aggravated damages; refused for wider appeal.

Orders

  • Notice of appeal to be confined to grounds (xvi) to (xxi) inclusive and ground (xxvi) as per draft notice exhibited, relating to aggravated damages.