McDonald & anor -v- O'Driscoll & anor [2015] IEHC 192 (13 March 2015)

McDonald & anor -v- O'Driscoll & anor [2015] IEHC 192 (13 March 2015)

The court has no jurisdiction to grant a stay on execution of a final judgment and order except to correct clerical errors or in special or unusual circumstances; none exist here, so the application is refused.

Citation
[2015] IEHC 192
Parties
Plaintiff: Larry McDonald; Plaintiff: Bernard McDonald; Defendant: Tom O'Driscoll; Defendant: Seamus Dunne
Jurisdiction
Ireland
Judgment Date
13 March 2015
Procedural Posture
Motion for Stay of Execution and Joinder / Post Judgment Motion
Outcome
application refused
Legal Topics
Stay of Execution, Inherent Jurisdiction, Finality of Judgments, Joinder of Proceedings
Civil Procedure Stay of Execution Inherent Jurisdiction Finality of Judgments Joinder of Proceedings

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Parties

Larry McDonald

Plaintiff

Bernard McDonald

Plaintiff

Tom O'Driscoll

Defendant

Seamus Dunne

Defendant

Procedural Posture

Motion for Stay of Execution and Joinder / Post Judgment Motion

Legal Issues

  1. 1 Whether the court has jurisdiction to grant a stay of execution after a final judgment and order has been made
  2. 2 Whether the court can amend a perfected order absent clerical error or special circumstances

Ratio Decidendi

The court has no jurisdiction to grant a stay on execution of a final judgment and order except to correct clerical errors or in special or unusual circumstances; none exist here, so the application is refused.

Court Disposition

application refused

Orders

  • Application for stay on execution of judgment refused.