Judgment mortgage proceedings amended to include specific folio

O'Donnell J (nem diss): Appeal against High Court decision granting well-charging orders on foot of a judgment mortgage obtained by the respondents in the sum of €621,779.30 - stay refused - lands in County Cork - well-charging order of certain lands not contested but claim in respect of specific folio reinstated following written judgment of High Court - appellant alleged the existence of a prior charge in favour of his daughter, with the result that the requisite special summons was not properly before the court - Order of Master of High Court deleting said folio from special summons acknowledged subsequently by plaintiff/respondent to be a misstep - application brought by plaintiff/respondent subsequently to vacate prior order - whether court should allow appeal with result that further identical proceedings should be instituted in respect of specific folio to cure prior defect in procedure - appeal of no practical benefit to appellant - whether result would result in costs implications in favour of appellant - order of High court vacated and claim in respect of specific folio re-instated as no question of prejudice suffered by appellant - balance of justice lay in favour of plaintiffs - well-charging order perfected - order of Supreme Court granting extension of time to appeal - Ord. 26, r. 1 RSC - whether High Court order should stand in circumstances where a precedent allegedly relied on had been overruled - whether order of Master of High Court represented a de facto notice of discontinuance as a matter of law - High Court retained jurisdiction to amend and subsequently re-amend its Order - court orders amendment of proceedings to include specific folio - appellant has no defence to well charging and ancillary orders made in High Court - appeal dismissed.