Tucker v Curry (Approved) [2021] IEHC 768 (07 December 2021)

Tucker v Curry (Approved) [2021] IEHC 768 (07 December 2021)

Both motions were struck out because the plaintiff failed to prove valid service of the proceedings and motions on the defendant, which is a prerequisite for granting judgment in default of appearance or interlocutory relief.

Citation
[2021] IEHC 768
Parties
Plaintiff: Martin Tucker; Defendant: Elizabeth Curry
Jurisdiction
Ireland
Judgment Date
07 December 2021
Procedural Posture
Civil / Interlocutory Applications for Judgment in Default of Appearance and Interlocutory Injunction
Outcome
Motions struck out
Legal Topics
Service of Process, Default Judgment, Interlocutory Injunction, Proof of Service
Civil Procedure Service of Process Default Judgment Interlocutory Injunction Proof of Service

Case Brief

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Parties

Martin Tucker

Plaintiff

Elizabeth Curry

Defendant

Procedural Posture

Civil / Interlocutory Applications for Judgment in Default of Appearance and Interlocutory Injunction

Legal Issues

  1. 1 Whether the plaintiff proved valid service of proceedings and motions on the defendant
  2. 2 Whether judgment in default of appearance or interlocutory injunction could be granted in absence of proof of service

Ratio Decidendi

Both motions were struck out because the plaintiff failed to prove valid service of the proceedings and motions on the defendant, which is a prerequisite for granting judgment in default of appearance or interlocutory relief.

Court Disposition

Motions struck out

Orders

  • Both the motion for judgment in default of appearance and the motion for interlocutory injunction are struck out for failure to prove service.