O'Neill & O'Sullivan -v- Appelbe [2012] IEHC 409 (12 October 2012)

O'Neill & O'Sullivan -v- Appelbe [2012] IEHC 409 (12 October 2012)

The High Court has inherent jurisdiction to vacate an order sought and obtained by a party, and in the absence of prejudice to the defendant, the balance of justice favours granting the plaintiffs' application to reinstate their claim regarding Folio 23312.

Citation
[2012] IEHC 409
Parties
Plaintiff: Marion O'Neill; Plaintiff: Patrick O'Sullivan; Defendant: Fergus Appelbe
Jurisdiction
Ireland
Judgment Date
12 October 2012
Procedural Posture
Special Summons / Application to Vacate Prior Order
Outcome
application granted
Legal Topics
Judgment Mortgage, Vacating Court Orders, Amendment of Pleadings, Court's Inherent Jurisdiction
Civil Procedure Property Law Judgment Mortgage Vacating Court Orders Amendment of Pleadings Court's Inherent Jurisdiction

Case Brief

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Parties

Marion O'Neill

Plaintiff

Patrick O'Sullivan

Plaintiff

Fergus Appelbe

Defendant

Procedural Posture

Special Summons / Application to Vacate Prior Order

Legal Issues

  1. 1 Whether the High Court has jurisdiction to vacate an order sought and obtained by a party
  2. 2 Whether the plaintiffs should be permitted to reinstate their claim regarding Folio 23312 after previously withdrawing it

Ratio Decidendi

The High Court has inherent jurisdiction to vacate an order sought and obtained by a party, and in the absence of prejudice to the defendant, the balance of justice favours granting the plaintiffs' application to reinstate their claim regarding Folio 23312.

Court Disposition

application granted

Orders

  • Order vacating the order dated 17 April 2012 amending the special summons by deleting reference to Folio 23312 and the land described therein.