Rippington & Ors -v- Cox & Anor [2017] IECA 332 (19 December 2017)

Rippington & Ors -v- Cox & Anor [2017] IECA 332 (19 December 2017)

The applicants failed to demonstrate a bona fide intention to appeal within the prescribed time, provided no explanation for the delay, and advanced no arguable ground of appeal. The order was made by consent, the application is moot due to revocation of the grant, and the appeal was previously struck out. No legal...

Source-derived case information.

Citation
[2017] IECA 332
Parties
Applicant: Majella Rippington; Applicant: Shaun Rippington; Applicant: Edel Banahan; Respondent: Michael Cox; Respondent: Mary Butler
Jurisdiction
Ireland
Judgment Date
19 December 2017
Procedural Posture
Probate/will Suit / Application to Extend Time to Appeal High Court Order
Outcome
application dismissed
Legal Topics
Extension of Time to Appeal, Administration Pendente Lite, Consent Orders, Revocation of Grant, Costs in Probate Proceedings
Probate Succession Law Civil Procedure Extension of Time to Appeal Administration Pendente Lite Consent Orders Revocation of Grant Costs in Probate Proceedings

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Summary, issues, holding and outcome

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Parties

Majella Rippington

Applicant

Shaun Rippington

Applicant

Edel Banahan

Applicant

Michael Cox

Respondent

Mary Butler

Respondent

Procedural Posture

Probate/will Suit / Application to Extend Time to Appeal High Court Order

Legal Issues

  1. 1 Whether the applicants have shown grounds to extend time to appeal the High Court order of 23rd July 2012 appointing an administrator pendente lite
  2. 2 Whether the application is moot due to revocation of the grant
  3. 3 Whether the applicants formed a bona fide intention to appeal within the permitted time

Ratio Decidendi

The applicants failed to demonstrate a bona fide intention to appeal within the prescribed time, provided no explanation for the delay, and advanced no arguable ground of appeal. The order was made by consent, the application is moot due to revocation of the grant, and the appeal was previously struck out. No legal basis exists to extend time.

Court Disposition

application dismissed

Orders

  • Application to extend time to file an ordinary notice of appeal is dismissed.