Gokul & Ors -v- Aer Lingus Plc [2013] IEHC 432 (09 September 2013)

Gokul & Ors -v- Aer Lingus Plc [2013] IEHC 432 (09 September 2013)

The High Court has jurisdiction under O. 122, r. 7 to extend the time for entry of appearance prescribed by O. 12, r. 2A(a), as the Rules of Court cannot create a strict jurisdictional bar absent primary legislation, and the right of access to the courts must be preserved.

Citation
[2013] IEHC 432
Parties
Applicant/appellant: Aron Gokul, Karen O’Mahony, Ger Petit, Karen Hourihan and Robbie O’Meara; Respondent: Aer Lingus Plc
Jurisdiction
Ireland
Judgment Date
09 September 2013
Procedural Posture
Statutory Appeal / Preliminary Issue on Extension of Time for Appearance
Outcome
Order extending time for entry of appearance granted
Legal Topics
Extension of Time for Appearance, Jurisdictional Bars, Rules of Court, Right of Access to Courts, Fixed Term Work, Statutory Interpretation
Employment Law Civil Procedure Constitutional Law Extension of Time for Appearance Jurisdictional Bars Rules of Court Right of Access to Courts Fixed Term Work +1 more

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Parties

Aron Gokul, Karen O’Mahony, Ger Petit, Karen Hourihan and Robbie O’Meara

Applicant/appellant

Aer Lingus Plc

Respondent

Procedural Posture

Statutory Appeal / Preliminary Issue on Extension of Time for Appearance

Legal Issues

  1. 1 Whether the High Court has jurisdiction to extend time for the respondent to enter an appearance under O. 12, r. 2A(a) of the Rules of the Superior Courts
  2. 2 Whether failure to enter an appearance within eight days is fatal to the respondent’s right to defend the proceedings

Ratio Decidendi

The High Court has jurisdiction under O. 122, r. 7 to extend the time for entry of appearance prescribed by O. 12, r. 2A(a), as the Rules of Court cannot create a strict jurisdictional bar absent primary legislation, and the right of access to the courts must be preserved.

Court Disposition

Order extending time for entry of appearance granted

Orders

  • Aer Lingus to file an appearance within seven days from the date of judgment