Lyons -v- Delaney & Ors [2016] IECA 393 (15 December 2016)

Lyons -v- Delaney & Ors [2016] IECA 393 (15 December 2016)

The High Court order striking out the third party notice was a final order in the sense that it finally disposed of a discrete issue between the parties, and therefore, special leave is required to adduce further evidence on appeal.

Citation
[2016] IECA 393
Parties
Plaintiff: Margaret Lyons; Defendant/appellant: John Delaney; Defendant/appellant: Anthony Locke; Defendant/appellant: Patrick Thorpe; Defendant/appellant: Delaney Locke and Thorpe (A Firm); Third Party: Cathal O’Sullivan; Third Party: Paraic O’Kennedy practising under the style and title of O’Sullivan & Associates
Jurisdiction
Ireland
Judgment Date
15 December 2016
Procedural Posture
Appeal / Appeal From High Court Decision to Strike Out Third Party Notice
Outcome
Appeal dismissed as of right to adduce further evidence; special leave required.
Legal Topics
Third Party Procedure, Adducing Evidence on Appeal, Interlocutory Vs Final Orders
Civil Procedure Third Party Procedure Adducing Evidence on Appeal Interlocutory Vs Final Orders

Case Brief

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Parties

Margaret Lyons

Plaintiff

John Delaney

Defendant/appellant

Anthony Locke

Defendant/appellant

Patrick Thorpe

Defendant/appellant

Delaney Locke and Thorpe (A Firm)

Defendant/appellant

Cathal O’Sullivan

Third Party

Paraic O’Kennedy practising under the style and title of O’Sullivan & Associates

Third Party

Procedural Posture

Appeal / Appeal From High Court Decision to Strike Out Third Party Notice

Legal Issues

  1. 1 Whether the High Court order striking out the third party notice was interlocutory or final for the purposes of adducing further evidence on appeal without special leave

Ratio Decidendi

The High Court order striking out the third party notice was a final order in the sense that it finally disposed of a discrete issue between the parties, and therefore, special leave is required to adduce further evidence on appeal.

Court Disposition

Appeal dismissed as of right to adduce further evidence; special leave required.

Orders

  • Appellant not entitled to adduce fresh evidence on appeal without special leave.