Judgment: 2018-11-29 · Court archive

Court of Appeal rejects challenge to refusal to adjourn waste case

The court dismissed Gerard Reid’s appeal, finding no error in the High Court’s decision to hear a preliminary issue in his absence after refusing an adjournment.

Court of Appeal; underlying proceedings in the High Court · [2018] IECA 370

Who, what, where, when and why

Who
  • Kildare County Council (Plaintiff)
  • Gerard Reid (Defendant)
What

The court dismissed Gerard Reid’s appeal, finding no error in the High Court’s decision to hear a preliminary issue in his absence after refusing an adjournment.

Where

Places mentioned in the report

  • Kildare County Council
  • the site
  • Kildare
When

Judgment:

Other dates in the report
  • 1 July 2016

    A clinical psychologist’s report dated 1 July 2016 said Reid had developmental dyslexia and untreated post-traumatic stress disorder, which affected his capacity to deal with legal matters. On appeal, his counsel argued that the High Court had not given sufficient weight to that evidence and the importance of the issue. The council relied on the case’s prolonged history, the late notice of the adjournment request and its obligations to enforce waste-management law.

Why

Reasons reported in the judgment

The preliminary issue was whether materials on the site fell within the meaning of “waste” under the Waste Management Acts. The High Court determined that materials listed in the schedule to its order were waste. Reid and his daughter left the courtroom after the judge refused an adjournment sought on the basis of his medical condition.

The Court of Appeal has dismissed Gerard Reid’s appeal against a High Court decision to refuse an adjournment in proceedings brought by Kildare County Council over waste on land associated with him. The appeal concerned only the refusal to adjourn and the decision to proceed with a preliminary issue in Reid’s absence. It did not determine the council’s outstanding enforcement applications.

The preliminary issue was whether materials on the site fell within the meaning of “waste” under the Waste Management Acts. The High Court determined that materials listed in the schedule to its order were waste. Reid and his daughter left the courtroom after the judge refused an adjournment sought on the basis of his medical condition.

A clinical psychologist’s report dated 1 July 2016 said Reid had developmental dyslexia and untreated post-traumatic stress disorder, which affected his capacity to deal with legal matters. On appeal, his counsel argued that the High Court had not given sufficient weight to that evidence and the importance of the issue. The council relied on the case’s prolonged history, the late notice of the adjournment request and its obligations to enforce waste-management law.

The Court of Appeal said the evidence did not establish that Reid was unable to engage with the legal process or manage his affairs. It noted that he had instructed and discharged lawyers and an engineer, and had sworn affidavits. The report did not say how long an adjournment was needed or identify a treatment plan that would allow the hearing to resume.

The court also found that the High Court judge had considered the medical evidence and the history of the proceedings. It said the judge was not required to reconsider the hearing merely because Reid chose to leave after the adjournment was refused. The Court of Appeal concluded that refusing the adjournment and proceeding in Reid’s absence were fair exercises of the trial judge’s discretion, and dismissed the appeal.

Read the original court judgment

Something looks wrong?

Highlight the relevant passage or flag this article for review. Review requests do not immediately change the report.

Email a correction request

Request a review