Heaney (Executrix of the Estate of McEvoy) v Mcevoy & Anor [2019] NICh 15 (7 November 2019)

Heaney (Executrix of the Estate of McEvoy) v Mcevoy & Anor [2019] NICh 15 (7 November 2019)

The EJO Master did not err in making the order for delivery of possession because the EJO has no power to review or go behind the original possession order, and the appellants' arguments had already been adjudicated and were barred by res judicata.

Citation
[2019] NICh 15
Parties
Plaintiff/respondent: Bernadette Heaney as Executrix of the Estate of Grace McEvoy (Deceased); Appellant/defendant: Jacqueline McEvoy; Appellant/defendant: Michelle McCartney
Jurisdiction
Northern Ireland
Judgment Date
07 November 2019
Procedural Posture
Appeal / Judgment on Appeal From Enforcement of Judgments Office Master
Outcome
Appeal dismissed
Legal Topics
Enforcement of Possession Orders, Doctrine of Res Judicata, Discretion of Enforcement of Judgments Office, Stay of Enforcement, Allegations of Will Fraud
Civil Procedure Wills and Probate Property Law Enforcement of Possession Orders Doctrine of Res Judicata Discretion of Enforcement of Judgments Office Stay of Enforcement Allegations of Will Fraud

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Parties

Bernadette Heaney as Executrix of the Estate of Grace McEvoy (Deceased)

Plaintiff/respondent

Jacqueline McEvoy

Appellant/defendant

Michelle McCartney

Appellant/defendant

Procedural Posture

Appeal / Judgment on Appeal From Enforcement of Judgments Office Master

Legal Issues

  1. 1 Whether the Enforcement of Judgments Office Master erred in making an order for delivery of possession of the premises
  2. 2 Whether the High Court can look behind the original possession order
  3. 3 Whether a stay of enforcement should be granted

Ratio Decidendi

The EJO Master did not err in making the order for delivery of possession because the EJO has no power to review or go behind the original possession order, and the appellants' arguments had already been adjudicated and were barred by res judicata.

Court Disposition

Appeal dismissed

Orders

  • Order for delivery of possession of the premises affirmed
  • Appellants condemned in costs of the appeal