Judgment: 2016-12-07 · Court archive

High Court adjourns tenancy appeal pending recording of Circuit Court hearing

The court ordered that a recording of the earlier hearing be obtained so a serious allegation about how the possession order was made could be resolved.

High Court · [2016] IEHC 714

Who, what, where, when and why

Who
  • Michael McAteer (Applicant)
  • Robert Doczi
  • Colin Fasie
  • Thomas Morrin
What

The court ordered that a recording of the earlier hearing be obtained so a serious allegation about how the possession order was made could be resolved.

Where

Places mentioned in the report

  • 18 Ruanbeg Place, Ruanbeg Manor, County Kildare
  • Lucknow
  • County Kildare
  • Ruanbeg Manor
  • Naas
  • Dublin Road
When

Judgment:

Why

Reasons reported in the judgment

The appeal concerned an order made on 10 May 2016, enforcing a Residential Tenancies Board determination that Robert Doczi and all persons residing at 18 Ruanbeg Place, Ruanbeg Manor, County Kildare, vacate within 14 days. The determination had found a termination notice served on 28 July 2014 valid. No High Court appeal against the Board determination on a point of law had been brought.

The High Court adjourned a tenant’s appeal against an order for possession of a Kildare dwelling, directing that a recording of the Circuit Court hearing be obtained before the appeal returns. The court did not decide whether the earlier order was improperly obtained or determine the appeal.

The appeal concerned an order made on 10 May 2016, enforcing a Residential Tenancies Board determination that Robert Doczi and all persons residing at 18 Ruanbeg Place, Ruanbeg Manor, County Kildare, vacate within 14 days. The determination had found a termination notice served on 28 July 2014 valid. No High Court appeal against the Board determination on a point of law had been brought.

At the High Court hearing, Colin Fasie said he was a tenant at the property and had authority to speak for tenants in the related cases. He sought an adjournment so he could obtain the digital audio recording of the Circuit Court proceedings. He said the tenants believed their cases had not been heard in open court on 10 May.

The court also considered an affidavit from Thomas Morrin, who said he was present at Naas Circuit Court that day. Morrin stated that the cases were not called in the morning and that, later, a registrar said the judge had left and no further cases would be heard. He said he believed the cases had not come before the court. These were assertions before the High Court, not findings that the possession order was fraudulent or improperly made.

Counsel for the receiver, Michael McAteer, submitted that the adjournment request was another delaying tactic. The judge said that submission had considerable force, but concluded the allegation was serious and could be definitively resolved by production of the recording. The court said the adjournment was not based on any perceived strength in the tenants’ argument.

The High Court adjourned the appeal, along with related appeals concerning three other Ruanbeg Place properties and a property at Lucknow, Dublin Road, County Kildare, to the next Kildare Circuit Appeals sessions. Either party may obtain a copy of the recording at their own expense, and the parties may file further affidavits. The cases were given priority for the next Naas sessions. Costs were reserved to the judge who ultimately hears the appeals.

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