Jones v Maher & Anor [2020] IEHC 106 (27 January 2020)

Jones v Maher & Anor [2020] IEHC 106 (27 January 2020)

The defendants failed to provide any plausible explanation for non-compliance with the discovery order and failed to establish any arguable ground of appeal. The Master erred in extending time for appeal, and the plaintiff's appeal is allowed.

Source-derived case information.

Citation
[2020] IEHC 106
Parties
Plaintiff: Malcolm Trever Jones; Defendant: Nicholas Maher; Defendant: Nicholas Martin Maher
Jurisdiction
Ireland
Judgment Date
27 January 2020
Procedural Posture
Civil Appeal / Judgment on Appeal Against Extension of Time to Appeal
Outcome
plaintiff's appeal allowed; extension of time for appeal refused
Legal Topics
Extension of Time, Discovery, Breach of Contract, Appeal Procedure
Civil Procedure Contract Law Extension of Time Discovery Breach of Contract Appeal Procedure

Source-derived case record

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Parties

Malcolm Trever Jones

Plaintiff

Nicholas Maher

Defendant

Nicholas Martin Maher

Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal Against Extension of Time to Appeal

Legal Issues

  1. 1 Whether the Master of the High Court erred in extending time for appeal against the Circuit Court's decision
  2. 2 Whether the defendants had an arguable ground of appeal for reinstatement of their defence after failure to make discovery

Ratio Decidendi

The defendants failed to provide any plausible explanation for non-compliance with the discovery order and failed to establish any arguable ground of appeal. The Master erred in extending time for appeal, and the plaintiff's appeal is allowed.

Court Disposition

plaintiff's appeal allowed; extension of time for appeal refused

Orders

  • Master's order extending time for appeal set aside
  • Plaintiff's appeal granted