Winters -v- Farrelly [2009] IEHC 363 (17 July 2009)

Winters -v- Farrelly [2009] IEHC 363 (17 July 2009)

The defendant/appellant failed to establish a genuine mistake or any arguable ground of appeal. The delay was not credibly explained, and the prejudice to the plaintiff/respondent and the estate outweighed any intention to appeal. The application for enlargement of time is refused.

Citation
[2009] IEHC 363
Parties
Plaintiff/respondent: Marie Winters; Defendant/appellant: Darren Farrelly
Jurisdiction
Ireland
Judgment Date
17 July 2009
Procedural Posture
Application for Enlargement of Time to Appeal / High Court Judgment on Application for Extension of Time
Outcome
Application for enlargement of time to appeal refused
Legal Topics
Extension of Time to Appeal, Adverse Possession, Constructive Trust, Estoppel, Intestacy, Grant of Administration
Civil Procedure Property Law Succession Law Extension of Time to Appeal Adverse Possession Constructive Trust Estoppel Intestacy +1 more

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Parties

Marie Winters

Plaintiff/respondent

Darren Farrelly

Defendant/appellant

Procedural Posture

Application for Enlargement of Time to Appeal / High Court Judgment on Application for Extension of Time

Legal Issues

  1. 1 Whether the defendant/appellant should be granted an enlargement of time to serve a Notice of Appeal against the Circuit Court order for possession and monetary judgment
  2. 2 Whether there was a bona fide intention to appeal within the statutory period
  3. 3 Whether there was a genuine mistake causing the delay

Ratio Decidendi

The defendant/appellant failed to establish a genuine mistake or any arguable ground of appeal. The delay was not credibly explained, and the prejudice to the plaintiff/respondent and the estate outweighed any intention to appeal. The application for enlargement of time is refused.

Court Disposition

Application for enlargement of time to appeal refused

Orders

  • Refusal of application for extension of time to serve Notice of Appeal