McCann -v- J.M. & anor [2015] IECA 281 (08 December 2015)

McCann -v- J.M. & anor [2015] IECA 281 (08 December 2015)

Ms. W. satisfied the criteria for extension of time to appeal as she formed the intention to appeal within time, was prevented by mistake/confusion, and raised arguable grounds on the status of EBS, validity of the receiver's appointment (as executed by EBS), and her standing as judgment mortgagee. Grounds relating to privacy and constitutional rights did not affect the merits of the appeal and were excluded.

Citation
[2015] IECA 281
Parties
Plaintiff/respondent: Paul McCann; Defendant/appellant: J. M.; Defendant/appellant: Y. W.
Jurisdiction
Ireland
Judgment Date
08 December 2015
Procedural Posture
Application for Extension of Time to Appeal / Court of Appeal Judgment on Application for Extension of Time
Outcome
Extension of time to appeal granted in part
Legal Topics
Extension of Time to Appeal, Standing to Challenge Receiver, Validity of Mortgage and Receiver Appointment, Data Privacy, Constitutional Rights
Civil Procedure Property Law Banking Law Extension of Time to Appeal Standing to Challenge Receiver Validity of Mortgage and Receiver Appointment Data Privacy Constitutional Rights

Case Brief

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Parties

Paul McCann

Plaintiff/respondent

J. M.

Defendant/appellant

Y. W.

Defendant/appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant demonstrated intention to appeal within time
  2. 2 Whether there was a mistake justifying extension
  3. 3 Whether there are arguable grounds of appeal

Ratio Decidendi

Ms. W. satisfied the criteria for extension of time to appeal as she formed the intention to appeal within time, was prevented by mistake/confusion, and raised arguable grounds on the status of EBS, validity of the receiver's appointment (as executed by EBS), and her standing as judgment mortgagee. Grounds relating to privacy and constitutional rights did not affect the merits of the appeal and were excluded.

Court Disposition

Extension of time to appeal granted in part

Orders

  • Ms. W. granted extension of time to issue notice of appeal on or before December 17th 2015
  • Notice of appeal confined to Grounds 1, 2 (only as to execution by EBS), and 3; not in respect of Grounds 4 and 5