Cunniffe v Cunniffe & Anor (Approved) [2023] IECA 113 (05 May 2023)

The appellant failed to demonstrate any arguable ground of appeal or matter of general public importance; therefore, her application for a stay on the order for costs was refused, and the appeals were dismissed as statute barred.

Citation: [2023] IECA 113
Parties: Plaintiff/appellant: Catriona Cunniffe; Defendant/respondent: Michael Cunniffe; Defendant/respondent: Martina Whyte
Jurisdiction: Ireland
Judgment Date: 05 May 2023
Procedural Posture: Civil Appeal / Post Judgment, Costs and Stay Application
Outcome: appeals dismissed
Legal Topics: Statute of Limitations, Costs, Stay Pending Appeal, Fraudulent Concealment, Mc Kenzie Friend

Civil Procedure Succession Law Statute of Limitations Costs Stay Pending Appeal Fraudulent Concealment Mc Kenzie Friend

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 2 Authorities cited 5 Party arguments 2

Parties

Catriona Cunniffe

Plaintiff/appellant

Michael Cunniffe

Defendant/respondent

Martina Whyte

Defendant/respondent

Procedural Posture

Civil Appeal / Post Judgment, Costs and Stay Application

Legal Issues

1 Whether the appellant's claims arising from the administration of her late father's estate were statute barred
2 Whether the appellant was entitled to a stay on the order for costs pending a Supreme Court application
3 Whether the High Court erred in not allowing discovery motions before determining statute bar

Ratio Decidendi

Court Disposition

appeals dismissed

Orders

Appellant to pay respondents' costs of each appeal, to be adjudicated in default of agreement
Application for a stay on the orders for costs pending any Supreme Court application is refused