Bank of Ireland -v- Daly [2015] IECA 368 (15 May 2015)

Bank of Ireland -v- Daly [2015] IECA 368 (15 May 2015)

The appellant failed to demonstrate a bona fide intention to appeal within the permitted time, failed to show any mistake or excusable reason for delay, and failed to establish any arguable ground of appeal, particularly as the order was made with her written consent and she had access to legal advice throughout. The application for extension of time is refused.

Citation
[2015] IECA 368
Parties
Plaintiff/respondent: The Governor and Company of the Bank of Ireland; Defendant/appellant: Anne Daly
Jurisdiction
Ireland
Judgment Date
15 May 2015
Procedural Posture
Civil Appeal / Application for Extension of Time to Appeal High Court Order
Outcome
application refused
Legal Topics
Extension of Time to Appeal, Consent Judgment, Locus Standi, Grounds for Appeal
Civil Procedure Banking Law Extension of Time to Appeal Consent Judgment Locus Standi Grounds for Appeal

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Parties

The Governor and Company of the Bank of Ireland

Plaintiff/respondent

Anne Daly

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Extension of Time to Appeal High Court Order

Legal Issues

  1. 1 Whether the appellant has locus standi to appeal the High Court order of 15 March 2012
  2. 2 Whether the appellant meets the criteria for extension of time to appeal the High Court order of 30 July 2012 made on consent

Ratio Decidendi

The appellant failed to demonstrate a bona fide intention to appeal within the permitted time, failed to show any mistake or excusable reason for delay, and failed to establish any arguable ground of appeal, particularly as the order was made with her written consent and she had access to legal advice throughout. The application for extension of time is refused.

Court Disposition

application refused

Orders

  • Refusal of extension of time to appeal High Court order of 30 July 2012
  • No locus standi to appeal High Court order of 15 March 2012