Kehoe & Anor v Promontoria (Aran) Ltd & Anor (Unapproved) [2023] IECA 116 (12 May 2023)

Kehoe & Anor v Promontoria (Aran) Ltd & Anor (Unapproved) [2023] IECA 116 (12 May 2023)

The application did not meet the exceptional threshold for review; the procedural history and reasoning in the original judgment adequately addressed the interlinked requests for adjournment and supplemental affidavit, and no denial of justice or failure to provide reasons occurred.

Citation
[2023] IECA 116
Parties
Plaintiff/appellant: Declan Kehoe; Plaintiff/appellant: Una Kehoe; Defendant/respondent: Promontoria (Aran) Limited; Defendant/respondent: Ken Fennell
Jurisdiction
Ireland
Judgment Date
12 May 2023
Procedural Posture
Appeal / Post Judgment Application for Leave to Rescind or Vary Judgment
Outcome
application refused
Legal Topics
Case Management, Adjournment, Supplemental Affidavit, Exceptional Jurisdiction, Constitutional Justice
Civil Procedure Case Management Adjournment Supplemental Affidavit Exceptional Jurisdiction Constitutional Justice

Case Brief

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Parties

Declan Kehoe

Plaintiff/appellant

Una Kehoe

Plaintiff/appellant

Promontoria (Aran) Limited

Defendant/respondent

Ken Fennell

Defendant/respondent

Procedural Posture

Appeal / Post Judgment Application for Leave to Rescind or Vary Judgment

Legal Issues

  1. 1 Whether the Court of Appeal should grant leave to rescind or vary its final judgment under exceptional jurisdiction
  2. 2 Whether failure to expressly address the supplemental affidavit request constitutes denial of justice

Ratio Decidendi

The application did not meet the exceptional threshold for review; the procedural history and reasoning in the original judgment adequately addressed the interlinked requests for adjournment and supplemental affidavit, and no denial of justice or failure to provide reasons occurred.

Court Disposition

application refused

Orders

  • Leave to make the application refused
  • Registrar directed to notify the intending applicant of refusal