Danske Bank A/S Danske Bank -v- Kirwan [2016] IECA 99 (18 February 2016)

Danske Bank A/S Danske Bank -v- Kirwan [2016] IECA 99 (18 February 2016)

Mr. Kirwan failed to demonstrate a bona fide intention to appeal within the permitted time, did not provide a reasonable explanation for delay, and did not establish any arguable grounds of appeal. The alleged procedural defects and claims of fraud or malicious intent were unsupported by evidence and did not prejudice the defendant. The court found no meritorious circumstances justifying an extension of time.

Citation
[2016] IECA 99
Parties
Plaintiff/respondent: Danske Bank A/S Danske Bank; Defendant/applicant: Barry Kirwan
Jurisdiction
Ireland
Judgment Date
18 February 2016
Procedural Posture
Application to Extend Time to Appeal / Court of Appeal Judgment
Outcome
Application dismissed
Legal Topics
Extension of Time to Appeal, Substituted Service, Summary Judgment, Conditional Appearance
Civil Procedure Extension of Time to Appeal Substituted Service Summary Judgment Conditional Appearance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Danske Bank A/S Danske Bank

Plaintiff/respondent

Barry Kirwan

Defendant/applicant

Procedural Posture

Application to Extend Time to Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the defendant is entitled to an extension of time to appeal three High Court orders relating to substituted service, deemed service, and appearance status

Ratio Decidendi

Mr. Kirwan failed to demonstrate a bona fide intention to appeal within the permitted time, did not provide a reasonable explanation for delay, and did not establish any arguable grounds of appeal. The alleged procedural defects and claims of fraud or malicious intent were unsupported by evidence and did not prejudice the defendant. The court found no meritorious circumstances justifying an extension of time.

Court Disposition

Application dismissed

Orders

  • Appeal dismissed; no extension of time to appeal granted.