Kennedy v Harrahill [2013] IESC 26 (12 June 2013)

Kennedy v Harrahill [2013] IESC 26 (12 June 2013)

The appellant failed to demonstrate any breach of constitutional rights or fair procedures, did not meet the exceptional threshold required to set aside a Supreme Court order, and the mere assertion of lack of fair procedures is insufficient. The lis pendens must be discharged as the proceedings are no longer under appeal.

Citation
[2013] IESC 26
Parties
Plaintiff/appellant: Thomas Kennedy; Defendant/respondent: Owen Harrahill
Jurisdiction
Ireland
Judgment Date
12 June 2013
Procedural Posture
Motion to Set Aside Supreme Court Order and Motion to Discharge Lis Pendens / Post Final Order, Supreme Court
Outcome
Appellant's motion refused; respondent's motion to discharge lis pendens allowed.
Legal Topics
Setting Aside Supreme Court Orders, Fair Procedures, Finality of Judgments, Lis Pendens
Civil Procedure Property Law Constitutional Law Setting Aside Supreme Court Orders Fair Procedures Finality of Judgments Lis Pendens

Case Brief

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Parties

Thomas Kennedy

Plaintiff/appellant

Owen Harrahill

Defendant/respondent

Procedural Posture

Motion to Set Aside Supreme Court Order and Motion to Discharge Lis Pendens / Post Final Order, Supreme Court

Legal Issues

  1. 1 Whether the Supreme Court should set aside its final order of 18 May 2012
  2. 2 Whether the appellant was denied fair procedures
  3. 3 Whether the lis pendens registered by the appellant should be discharged

Ratio Decidendi

The appellant failed to demonstrate any breach of constitutional rights or fair procedures, did not meet the exceptional threshold required to set aside a Supreme Court order, and the mere assertion of lack of fair procedures is insufficient. The lis pendens must be discharged as the proceedings are no longer under appeal.

Court Disposition

Appellant's motion refused; respondent's motion to discharge lis pendens allowed.

Orders

  • Order of Supreme Court of 18 May 2012 stands.
  • Examiner of Titles directed to discharge lis pendens registered against Folio TY6265F County of Tipperary.