Gannon v. Evans [2005] IEHC 379 (28 July 2005)

Gannon v. Evans [2005] IEHC 379 (28 July 2005)

The defendant's delay in appealing was due to an error by her brother in failing to communicate the outcome of the Circuit Court proceedings, not to any deliberate disregard of the process; the defendant acted promptly upon learning of the judgment, has a stateable defence, and the balance of justice and fairness supports granting an extension of time to appeal.

Citation
[2005] IEHC 379
Parties
Plaintiff: Thomas Gannon; Defendant: Susan Evans
Jurisdiction
Ireland
Judgment Date
28 July 2005
Procedural Posture
Motion for Extension of Time to Appeal / High Court Judgment on Application to Extend Time for Appeal From Circuit Court Decision
Outcome
Extension of time to appeal granted
Legal Topics
Extension of Time for Appeal, Constructive Trusts, Beneficial Ownership, Equitable Relief, Mistake and Intention in Procedural Default
Civil Procedure Equity Property Law Extension of Time for Appeal Constructive Trusts Beneficial Ownership Equitable Relief Mistake and Intention in Procedural Default

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 8 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Thomas Gannon

Plaintiff

Susan Evans

Defendant

Procedural Posture

Motion for Extension of Time to Appeal / High Court Judgment on Application to Extend Time for Appeal From Circuit Court Decision

Legal Issues

  1. 1 Whether the defendant should be granted an extension of time to appeal the Circuit Court judgment awarding the plaintiff a beneficial interest in property proceeds
  2. 2 Whether the defendant's delay in appealing was excusable
  3. 3 Whether the defendant has an arguable ground of appeal

Ratio Decidendi

The defendant's delay in appealing was due to an error by her brother in failing to communicate the outcome of the Circuit Court proceedings, not to any deliberate disregard of the process; the defendant acted promptly upon learning of the judgment, has a stateable defence, and the balance of justice and fairness supports granting an extension of time to appeal.

Court Disposition

Extension of time to appeal granted

Orders

  • Order discharging the Master's refusal to extend time
  • Order granting the defendant an enlargement of time to lodge a notice of appeal