Clyne & Anor v Clyne (Approved) [2023] IEHC 110 (08 March 2023)

Clyne & Anor v Clyne (Approved) [2023] IEHC 110 (08 March 2023)

Extension of time refused as defendant failed to identify any arguable grounds of appeal; no jurisdictional basis for adjournment as no appeal proceedings properly before the High Court.

Citation
[2023] IEHC 110
Parties
Plaintiff: Niamh Clyne; Plaintiff: Fiona Wedrychowski; Defendant: Liam Clyne
Jurisdiction
Ireland
Judgment Date
08 March 2023
Procedural Posture
Circuit Appeal / Application for Extension of Time to Appeal
Outcome
Application for extension of time to appeal refused
Legal Topics
Extension of Time, Appeal, Ejectment, Probate, Possession Order
Civil Procedure Property Law Extension of Time Appeal Ejectment Probate Possession Order

Case Brief

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Parties

Niamh Clyne

Plaintiff

Fiona Wedrychowski

Plaintiff

Liam Clyne

Defendant

Procedural Posture

Circuit Appeal / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether extension of time to appeal against Circuit Court possession order should be granted

Ratio Decidendi

Extension of time refused as defendant failed to identify any arguable grounds of appeal; no jurisdictional basis for adjournment as no appeal proceedings properly before the High Court.

Court Disposition

Application for extension of time to appeal refused

Orders

  • No impediment to enforcement of Circuit Court possession order
  • Plaintiffs provisionally entitled to recover costs of the motion against defendant, to be adjudicated under Part 10 of the Legal Services Regulation Act 2015 in default of agreement