Kelly Trucks Ltd, In the matter of (In voluntary Liquidation) [2019] IECA 207 (23 July 2019)

Kelly Trucks Ltd, In the matter of (In voluntary Liquidation) [2019] IECA 207 (23 July 2019)

Mrs Kelly failed to establish she formed an intention to appeal within the permitted time; her evidence regarding lack of notice was rejected; she did not satisfy the criteria for extension of time under Eire Continental.

Citation
[2019] IECA 207
Parties
Applicant/respondent: Costello Transport Limited; Respondent/appellant: Nehall Singh; Former Director/applicant: Anne Kelly
Jurisdiction
Ireland
Judgment Date
23 July 2019
Procedural Posture
Application for Extension of Time to Appeal / Court of Appeal Judgment
Outcome
Application refused
Legal Topics
Extension of Time to Appeal, Slip Rule, Costs Orders, Notice Requirements
Company Law Civil Procedure Extension of Time to Appeal Slip Rule Costs Orders Notice Requirements

Case Brief

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Parties

Costello Transport Limited

Applicant/respondent

Nehall Singh

Respondent/appellant

Anne Kelly

Former Director/applicant

Procedural Posture

Application for Extension of Time to Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Mrs Kelly formed an intention to appeal within the permitted time
  2. 2 Whether Mrs Kelly was on notice of the order
  3. 3 Whether delay in appealing was justified

Ratio Decidendi

Mrs Kelly failed to establish she formed an intention to appeal within the permitted time; her evidence regarding lack of notice was rejected; she did not satisfy the criteria for extension of time under Eire Continental.

Court Disposition

Application refused

Orders

  • Refusal of extension of time to appeal