The Supreme Court has refused Migjen Gjyrevci permission to appeal a Court of Appeal decision in a dispute with Patrick Horkan, a receiver over certain properties. The determination was delivered on 1 October 2015.
Mr Gjyrevci, who represented himself, wanted to appeal a Court of Appeal ruling of 20 April 2015. That court had refused to extend the time he needed to appeal a High Court order of 17 December 2014. The High Court order granted injunctions restraining him from interfering with Mr Horkan's role as receiver.
The Court of Appeal accepted that Mr Gjyrevci had intended to appeal in time and that a mistake had occurred. It still refused, because it was not satisfied he had an arguable case.
Mr Gjyrevci argued that the injunctions were mandatory and should not have been granted on an interim basis. The Supreme Court said that, whether an injunction is mandatory or prohibitory, the law allows it to be granted at that stage. It noted that Mr Horkan had given an undertaking as to damages, so the case was not moot.
The Supreme Court held that Mr Gjyrevci had raised no point of substance. It found that no matter of general public importance arose and that an appeal was not necessary in the interests of justice. The underlying proceedings remain to be tried.