Keon -v- Gibbs & anor [2015] IEHC 812 (21 December 2015)

Keon -v- Gibbs & anor [2015] IEHC 812 (21 December 2015)

The applicant failed to show good and sufficient reason for the delay in lodging the appeal, did not establish any arguable ground of appeal on a point of law, and the extension of time would cause prejudice to the landlord; therefore, the application to extend time was refused.

Citation
[2015] IEHC 812
Parties
Appellant/tenant: John Keon; First Respondent: Mark Gibbs (in his capacity as Receiver over certain assets of Joe McNamara); Second Respondent: Private Residential Tenancies Board
Jurisdiction
Ireland
Judgment Date
21 December 2015
Procedural Posture
Application to Extend Time to Appeal Decision of the Private Residential Tenancies Board / High Court Judgment on Application for Extension of Time
Outcome
Application for extension of time to appeal refused
Legal Topics
Extension of Time to Appeal, Residential Tenancies, Receivership, Appeals on Point of Law, Procedural Fairness
Civil Procedure Landlord and Tenant Law Extension of Time to Appeal Residential Tenancies Receivership Appeals on Point of Law Procedural Fairness

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Parties

John Keon

Appellant/tenant

Mark Gibbs (in his capacity as Receiver over certain assets of Joe McNamara)

First Respondent

Private Residential Tenancies Board

Second Respondent

Procedural Posture

Application to Extend Time to Appeal Decision of the Private Residential Tenancies Board / High Court Judgment on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown good and sufficient reason to extend time for appeal under Order 84C of the Rules of the Superior Courts
  2. 2 Whether the intended appeal raises an arguable point of law
  3. 3 Whether extension of time would cause injustice or prejudice to the respondent

Ratio Decidendi

The applicant failed to show good and sufficient reason for the delay in lodging the appeal, did not establish any arguable ground of appeal on a point of law, and the extension of time would cause prejudice to the landlord; therefore, the application to extend time was refused.

Court Disposition

Application for extension of time to appeal refused

Orders

  • Application to extend time for service and lodgement of notice of appeal is refused