The High Court has struck out a separate appeal by John Harrington concerning a 2007 Circuit Court order, while leaving in place his appeal against a 2015 order for possession and mesne rates.
Mr Justice Max Barrett delivered judgment on 12 February 2016 in an application to discharge an order made by the High Court Master on 3 July 2015. The Master had extended the time for Harrington to serve and lodge a notice of appeal against the Circuit Court’s 5 March 2007 order.
That 2007 order substituted Joseph O’Connor for the original plaintiff and described the substitution as being by consent. Harrington contended that he had not consented. The High Court made no finding on whether there had been deceit or any other impropriety in the proceedings surrounding that order.
The dispute arose in an ejectment civil bill for over-holding, issued in June 2006. On 9 June 2015, the Circuit Court granted possession of the premises and mesne rates to Donal O’Connor, acting as personal representative of the late Joseph O’Connor, and refused a stay. Harrington appealed that decision on 10 June 2015.
Justice Barrett said any point Harrington wished to make about alleged deceit could be raised in that appeal. The extension for a separate appeal against the 2007 order had created two appeals in the same proceedings, although the issues could be dealt with together in the appeal against the 2015 order.
The court discharged the Master’s order and substituted an order striking out proceedings numbered 2015/102CA, which concerned the 2007 order. It left extant proceedings numbered 2015/107CA, Harrington’s appeal against the 2015 Circuit Court order. The judgment did not decide that appeal or determine the underlying allegations about consent or deceit.