S.B. -v- J.B. [2015] IEHC 187 (20 March 2015)

S.B. -v- J.B. [2015] IEHC 187 (20 March 2015)

The appellant's attempt to pursue parallel proceedings and retain both marital properties was an abuse of process and contrary to the requirement to make proper provision for both parties. The court refused the stay as the orders were necessary to achieve fairness and enforce the original divorce decree, and the appellant had already been afforded significant procedural latitude.

Citation
[2015] IEHC 187
Parties
Appellant: S. B.; Respondent: J. B.
Jurisdiction
Ireland
Judgment Date
20 March 2015
Procedural Posture
Circuit Court Appeal (family Law) / Appeal Against Refusal to Grant Stay of Execution and Stay on Order of Costs
Outcome
Appeal dismissed; relief refused
Legal Topics
Divorce, Ancillary Relief, Jurisdiction, Stay of Execution, Costs, Parallel Proceedings
Family Law Divorce Ancillary Relief Jurisdiction Stay of Execution Costs Parallel Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

S. B.

Appellant

J. B.

Respondent

Procedural Posture

Circuit Court Appeal (family Law) / Appeal Against Refusal to Grant Stay of Execution and Stay on Order of Costs

Legal Issues

  1. 1 Whether a stay of execution should be granted on the order requiring the appellant to vacate the property at B., Co. Dublin
  2. 2 Whether a stay should be granted on the order of costs against the appellant
  3. 3 Jurisdiction of the Irish courts to make property orders regarding property outside Ireland

Ratio Decidendi

The appellant's attempt to pursue parallel proceedings and retain both marital properties was an abuse of process and contrary to the requirement to make proper provision for both parties. The court refused the stay as the orders were necessary to achieve fairness and enforce the original divorce decree, and the appellant had already been afforded significant procedural latitude.

Court Disposition

Appeal dismissed; relief refused

Orders

  • Refusal of stay of execution on the order requiring appellant to vacate B., Co. Dublin property
  • Refusal of stay on the order of costs against the appellant