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Application to rescind extension of time for State’s notice in stabilisation proceedings refused
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The Court of Appeal refused an application to vary or rescind its prior order which had extended time for the State to file a notice in ongoing proceedings relating to the Credit Institutions (Stabilisation) Act 2010. The appellants objected to the late filing of the State's notice, alleging a fundamental denial of justice and violation of constitutional rights, but the Court found these arguments were based on a misunderstanding of the Rules of the Superior Courts. The Court confirmed there was no prejudice to the appellants given the timing of events and found no basis for interfering with the previous order, rejecting claims that the State was shown preferential treatment. The order to extend the time for filing stood and the application to revisit the decision was refused.
Credit Institutions (Stabilisation) Act 2010 – Rules of the Superior Courts (RSC) – extension of time – respondent"s notice – application to rescind or vary order – jurisdiction of Registrar – constitutional rights – late filing – no prejudice – fair administration of justice – Court of Appeal practice direction CA 14 – judicial reasoning
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