Tyrrell & Anor v Govan (Unapproved) [2023] IECA 312 (12 December 2023)

Tyrrell & Anor v Govan (Unapproved) [2023] IECA 312 (12 December 2023)

The Court of Appeal refused the application to extend time to appeal, finding that the applicant failed to establish any arguable ground of appeal except possibly in relation to statutory notice of assignment, but that overall, the balance of justice did not favour granting an extension. The applicant was found capable of managing her affairs, had previously undertaken not to interfere with the receivership, and had discontinued earlier proceedings. The High Court was entitled to grant interlocutory relief on the evidence and applied the correct legal principles.

Citation
[2023] IECA 312
Parties
Plaintiff/respondent: Ken Tyrrell; Plaintiff/respondent: Everyday Finance Designated Activity Company; Defendant/appellant: Anne Govan
Jurisdiction
Ireland
Judgment Date
12 December 2023
Procedural Posture
Civil Appeal / Application to Extend Time for Appeal Against High Court Interlocutory Injunction Order
Outcome
Application for extension of time to appeal refused
Legal Topics
Receivership, Mortgage Enforcement, Interlocutory Injunctions, Assignment of Debt, Extension of Time to Appeal
Property Law Banking Law Civil Procedure Receivership Mortgage Enforcement Interlocutory Injunctions Assignment of Debt Extension of Time to Appeal

Case Brief

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Parties

Ken Tyrrell

Plaintiff/respondent

Everyday Finance Designated Activity Company

Plaintiff/respondent

Anne Govan

Defendant/appellant

Procedural Posture

Civil Appeal / Application to Extend Time for Appeal Against High Court Interlocutory Injunction Order

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to appeal the High Court's interlocutory injunction order
  2. 2 Whether the High Court erred in granting interlocutory relief restraining interference with receivership
  3. 3 Whether statutory notice requirements for assignment of debt were satisfied under s.28(6) of the Supreme Court of Judicature (Ireland) Act 1877

Ratio Decidendi

The Court of Appeal refused the application to extend time to appeal, finding that the applicant failed to establish any arguable ground of appeal except possibly in relation to statutory notice of assignment, but that overall, the balance of justice did not favour granting an extension. The applicant was found capable of managing her affairs, had previously undertaken not to interfere with the receivership, and had discontinued earlier proceedings. The High Court was entitled to grant interlocutory relief on the evidence and applied the correct legal principles.

Court Disposition

Application for extension of time to appeal refused

Orders

  • Refusal of extension of time to appeal
  • No order extending time for appeal against High Court interlocutory injunction