Geary & Anor v Property Registration Authority & ors (Approved) [2020] IECA 194 (21 July 2020)

Geary & Anor v Property Registration Authority & ors (Approved) [2020] IECA 194 (21 July 2020)

The appellants are granted a further, final extension to deliver their statement of claim due to misapprehension regarding perfected orders, self-representation, COVID-19 disruption, and procedural delays. Costs are apportioned according to the parties' respective successes and failures, with stays imposed on certain costs orders pending the outcome of related Receiver's proceedings. The application for a stay on the order to deliver the statement of claim is refused.

Citation
[2020] IECA 194
Parties
Plaintiffs/appellants: Declan and Marie Geary; First Named Respondent: Property Registration Authority, Ennis; Second Named Respondent: Property Finance Designated Activity Company; Third Named Respondent: Bank of Scotland PLC; Fourth Named Respondent: Tom Kavanagh; Fifth Named Respondent: Maples & Calder, Solicitors
Jurisdiction
Ireland
Judgment Date
21 July 2020
Procedural Posture
Civil Appeal / Post Judgment, Costs and Procedural Directions
Outcome
Orders as to costs and extension of time for statement of claim; conditional dismissal if not complied with; stays on certain costs pending related proceedings.
Legal Topics
Costs, Extension of Time, Dismissal of Proceedings, Interlocutory Injunction, Statement of Claim
Civil Procedure Costs Extension of Time Dismissal of Proceedings Interlocutory Injunction Statement of Claim

Case Brief

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Parties

Declan and Marie Geary

Plaintiffs/appellants

Property Registration Authority, Ennis

First Named Respondent

Property Finance Designated Activity Company

Second Named Respondent

Bank of Scotland PLC

Third Named Respondent

Tom Kavanagh

Fourth Named Respondent

Maples & Calder, Solicitors

Fifth Named Respondent

Procedural Posture

Civil Appeal / Post Judgment, Costs and Procedural Directions

Legal Issues

  1. 1 Entitlement to costs following partial success on appeal
  2. 2 Extension of time for delivery of statement of claim
  3. 3 Effect of non-delivery of statement of claim within court-ordered timeframe

Ratio Decidendi

The appellants are granted a further, final extension to deliver their statement of claim due to misapprehension regarding perfected orders, self-representation, COVID-19 disruption, and procedural delays. Costs are apportioned according to the parties' respective successes and failures, with stays imposed on certain costs orders pending the outcome of related Receiver's proceedings. The application for a stay on the order to deliver the statement of claim is refused.

Court Disposition

Orders as to costs and extension of time for statement of claim; conditional dismissal if not complied with; stays on certain costs pending related proceedings.

Orders

  • Appellants to recover reasonable outlays and expenses in High Court and Court of Appeal regarding second and fourth respondents' dismissal applications, subject to stay pending Receiver's proceedings.
  • Appellants to recover reasonable outlays and expenses in Court of Appeal regarding appeal against first respondent, subject to stay pending Receiver's proceedings.