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The High Court has denied an application for leave to issue execution for costs totaling €175,659.58 against a plaintiff, stemming from a 2004 order. The defendants sought permission to enforce the costs order, which was delayed due to a series of appeals and procedural issues. Despite the plaintiff's unsuccessful attempts to delay the proceedings, the court found that the defendants failed to provide a sufficient explanation for the lapse of time since the motion's issue in 2015. The court concluded that the defendants did not meet the low threshold for an extension of time under Order 42, as required by Smyth v. Tunney, and therefore refused the relief sought.
execution of costs, High Court order, Bovine TB Eradication Scheme, Supreme Court appeal, Rules of the Superior Courts (RSC), Order 42, rule 24, Smyth v. Tunney, delay in proceedings, taxation of costs, leapfrog application, Statute of Limitations, COVID-19 pandemic, remote hearing, procedural history, discretionary jurisdiction, inordinate delay, Primor plc v. Stokes Kennedy Crowley, KSK Enterprises Ltd v. An Bord Pleanála, Quirke decision, leapfrog appeal, collateral attack, fieri facias, plaintiff as judgment debtor, inherent jurisdiction, litigation in person.
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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