O'Connor v Lackabeg Ltd t/a The Arc Bar & Restaurant & Ors, Shannon v Lackabeg Ltd t/a The Arc Bar & Restaurant (Approved) [2024] IEHC 244 (29 April 2024)

O'Connor v Lackabeg Ltd t/a The Arc Bar & Restaurant & Ors, Shannon v Lackabeg Ltd t/a The Arc Bar & Restaurant (Approved) [2024] IEHC 244 (29 April 2024)

Order 67, rule 16 CCR entitles a judgment creditor to invoke Order 42, rule 36 RSC for examination and discovery in aid of execution of monetary judgments; the Circuit Court has jurisdiction to compel attendance and disclosure, and delay in enforcement does not bar relief where diligent efforts are shown.

Citation
[2024] IEHC 244
Parties
Plaintiff: Patrick O'Connor; Plaintiff: Tanya Shannon; Defendant: Lackabeg Ltd t/a The Arc Bar & Restaurant; Respondent to Motion: Frank Towey; Respondent to Motion: Kieran Towey
Jurisdiction
Ireland
Judgment Date
29 April 2024
Procedural Posture
Circuit Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Execution of Judgments, Examination and Discovery in Aid of Execution, Circuit Court Rules, Rules of the Superior Courts
Civil Procedure Statutory Interpretation Execution of Judgments Examination and Discovery in Aid of Execution Circuit Court Rules Rules of the Superior Courts

Case Brief

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Parties

Patrick O'Connor

Plaintiff

Tanya Shannon

Plaintiff

Lackabeg Ltd t/a The Arc Bar & Restaurant

Defendant

Frank Towey

Respondent to Motion

Kieran Towey

Respondent to Motion

Procedural Posture

Circuit Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether Circuit Court Rules permit examination and discovery in aid of execution of a monetary judgment by reliance on Rules of the Superior Courts
  2. 2 Whether delay in seeking execution bars relief

Ratio Decidendi

Order 67, rule 16 CCR entitles a judgment creditor to invoke Order 42, rule 36 RSC for examination and discovery in aid of execution of monetary judgments; the Circuit Court has jurisdiction to compel attendance and disclosure, and delay in enforcement does not bar relief where diligent efforts are shown.

Court Disposition

appeal allowed

Orders

  • Circuit Court order of 1 February 2023 set aside
  • Orders in terms of paragraphs (1), (2), and (3) of the notice of motion issued on 9 September 2022 substituted