The Supreme Court has refused Thomas Kennedy’s application to set aside its 2012 order striking out his appeal over ownership of land, finding that his complaint about fair procedures did not meet the exceptional threshold for reopening a final order. The Court also ordered the discharge of a lis pendens registered against the land.
In a judgment delivered by Chief Justice Denham on 12 June 2013, the Court said Kennedy had not shown a breach of constitutional rights or justice in the earlier proceedings. The decision leaves in place the Supreme Court’s order of 18 May 2012, which struck out his appeal as disclosing no stateable cause of action, affirmed the High Court order dismissing his ownership claim, and awarded costs to Owen Harrahill.
Harrahill had sought to strike out the appeal, arguing that it contained no grounds and was an abuse of process, among other grounds. The judgment recounts that the Court offered Kennedy an opportunity to identify grounds and indicated he could amend his notice of appeal if he could articulate them. He did not provide grounds. Kennedy later sought to have the final order set aside, saying he had been denied fair procedures when refused an adjournment to obtain legal advice.
The Supreme Court said Kennedy had advance notice of the strike-out motion, chose to represent himself, and was given time at the hearing to consider whether he could advance a stateable ground. It said legal advice or an adjournment could have been sought before the hearing. The Court concluded that the application did not come close to the rare and exceptional circumstances required to revisit a final Supreme Court order. It refused the motion, leaving the 2012 order standing.
Separately, Harrahill moved in October 2012 for an order directing the Examiner of Titles to discharge a lis pendens registered by Kennedy against the disputed lands. The Court said the land proceedings were no longer under appeal and allowed the motion. It directed the Examiner of Titles to discharge the lis pendens registered against Folio TY6265F in the County of Tipperary.