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Delay in appealing refusal of mandatory injunction for recovery of seized vehicle
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The Court of Appeal has refused to extend the time for an applicant to appeal a High Court decision that dismissed his request for an interlocutory injunction to recover a vehicle seized for non-payment of tax. The original High Court ruling found that while there was a serious issue to be tried regarding the constitutionality of vehicle impoundment for non-payment of car tax, the applicant did not present a strong enough case to warrant a mandatory injunction. The Court of Appeal concluded that the applicant failed to establish any arguable grounds for appeal and did not demonstrate a bona fide intention to appeal within the permitted time, rendering the substantive appeal hopeless and an extension of time contrary to the interests of justice.
Court of Appeal, High Court, interlocutory injunction, vehicle seizure, Road Traffic Act, sovereign citizen, constitutionality, personal property rights, presumption of constitutionality, mandatory injunction, bona fide intention to appeal, extension of time, substantive appeal, justice interests, Eire Continental Trading Company v Clonmel Foods Limited, Goode Concrete v CRH Plc., Tracey v McCarthy, Garda Síochána Act 2005, Road Traffic Act (Section 41) Regulations 1995, Maha Lingham principle.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
