Oaklee Homes Group Ltd v Barr [2014] NIQB 96 (10 July 2014)

Oaklee Homes Group Ltd v Barr [2014] NIQB 96 (10 July 2014)

The application failed to specify any point of law and was out of time; without a point of law, there is no basis to extend time or proceed with the appeal.

Citation
[2014] NIQB 96
Parties
Proposed Respondent: Oaklee Homes Group Limited; Applicant: John William Barr
Jurisdiction
Northern Ireland
Judgment Date
10 July 2014
Procedural Posture
Application to State a Case on a Point of Law for the Opinion of the Court of Appeal / Application for Leave to Appeal and Extension of Time After Dismissal of Appeal
Outcome
application dismissed; previous order affirmed
Legal Topics
Possession Proceedings, Antisocial Behaviour, Appeal Procedure, Extension of Time, Case Stated
Housing Law Civil Procedure Possession Proceedings Antisocial Behaviour Appeal Procedure Extension of Time Case Stated

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Parties

Oaklee Homes Group Limited

Proposed Respondent

John William Barr

Applicant

Procedural Posture

Application to State a Case on a Point of Law for the Opinion of the Court of Appeal / Application for Leave to Appeal and Extension of Time After Dismissal of Appeal

Legal Issues

  1. 1 Whether the applicant set out a point of law for appeal by way of case stated
  2. 2 Whether the application for extension of time should be granted

Ratio Decidendi

The application failed to specify any point of law and was out of time; without a point of law, there is no basis to extend time or proceed with the appeal.

Court Disposition

application dismissed; previous order affirmed

Orders

  • Application for extension of time dismissed
  • Order of 28 November 2013 (dismissing appeal and affirming possession order) stands