Kelly v Ewing [2014] IESC 62 (07 November 2014)

Kelly v Ewing [2014] IESC 62 (07 November 2014)

The appeal fails because the High Court's order was made in accordance with law, the sums due were properly determined, the concession regarding the reduced plot was valid, all costs had been taxed, and Mr. Ewing's participation cured any alleged imperfection in service. Issues of social order and dignity are not relevant to the legal determination.

Citation
[2014] IESC 62
Parties
Plaintiff/respondent: Anthony Kelly; Respondent/appellant: Robert Ewing; Represented by Robert Ewing as Personal Representative: William Ewing (deceased)
Jurisdiction
Ireland
Judgment Date
07 November 2014
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Judgment Mortgages, Well Charging Order, Sale of Land, Priority of Encumbrances, Costs Taxation
Property Law Mortgage Law Civil Procedure Judgment Mortgages Well Charging Order Sale of Land Priority of Encumbrances Costs Taxation

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Parties

Anthony Kelly

Plaintiff/respondent

Robert Ewing

Respondent/appellant

William Ewing (deceased)

Represented by Robert Ewing as Personal Representative

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the High Court correctly granted a well charging order on the disputed lands
  2. 2 Whether the sums due and owing were properly determined
  3. 3 Whether the concession regarding the reduced plot was valid

Ratio Decidendi

The appeal fails because the High Court's order was made in accordance with law, the sums due were properly determined, the concession regarding the reduced plot was valid, all costs had been taxed, and Mr. Ewing's participation cured any alleged imperfection in service. Issues of social order and dignity are not relevant to the legal determination.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Motions to enlarge time and to admit further evidence dismissed