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The Court of Appeal has dismissed an appeal against the High Court's decision to grant orders for possession and sale of properties, affirming the original decision. The appellant had failed to attend the High Court hearing and sought an adjournment on medical grounds, which was denied. The Court of Appeal found that the appellant was aware of the hearing date and that the medical evidence provided was insufficient to warrant an adjournment. The court also rejected claims of bias and prejudice, as well as arguments concerning improper service of proceedings, concluding that the appellant's repeated attempts to delay proceedings were without merit.
Court of Appeal, High Court, possession and sale, adjournment, medical grounds, substituted service, bias and prejudice, due process, natural justice, affidavit, European Convention on Human Rights, Constitution, litigation management, property rights, Land and Conveyancing Law Reform Act 2009, Debtors (Ireland) Act 1840, Common Law Procedure Amendment Act (Ireland) 1853, Rules of the Superior Courts (RSC), Order 46 rule 1, Order 36 rule 34, Tracey v. McDowell, Kavanagh v. Healy, Geary v. Property Registration Authority.
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.
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