Mc C. -v- O'D. [2009] IEHC 608 (11 June 2009)

Mc C. -v- O'D. [2009] IEHC 608 (11 June 2009)

An issue of fact arises as to whether service of the original proceedings was adequate; therefore, the appeal should be admitted for hearing on affidavit to determine if the enforcement of the Scottish order is permissible under Irish law.

Citation
[2009] IEHC 608
Parties
Complainant: K. McC.; Defendant/appellant: A. O’D.
Jurisdiction
Ireland
Judgment Date
11 June 2009
Procedural Posture
Maintenance Order Enforcement Appeal / Admission of Appeal for Hearing Before High Court
Outcome
Appeal admitted for hearing before the High Court on affidavit
Legal Topics
Maintenance Orders, Service of Process, Public Policy Exceptions, Recognition and Enforcement of Foreign Judgments
Family Law International Enforcement Maintenance Orders Service of Process Public Policy Exceptions Recognition and Enforcement of Foreign Judgments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

K. McC.

Complainant

A. O’D.

Defendant/appellant

Procedural Posture

Maintenance Order Enforcement Appeal / Admission of Appeal for Hearing Before High Court

Legal Issues

  1. 1 Whether the maintenance order from Scotland should be enforced in Ireland under the Maintenance Orders Act 1974
  2. 2 Whether the defendant was properly served with notice of the original proceedings
  3. 3 Whether enforcement would be contrary to public policy

Ratio Decidendi

An issue of fact arises as to whether service of the original proceedings was adequate; therefore, the appeal should be admitted for hearing on affidavit to determine if the enforcement of the Scottish order is permissible under Irish law.

Court Disposition

Appeal admitted for hearing before the High Court on affidavit

Orders

  • Appellant to serve notice of appeal on the maintenance creditor by pre-paid registered post together with affidavit relied upon
  • Notice of appeal with evidence of service and grounding affidavit to be filed in the Central Office on or before 29th June, 2009