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.