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Decision of Circuit Court to strike out motion for non-attendance was not capable of being appealed
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High Court, in an ex tempore judgment, dismisses appeal and upholds a decision of the Circuit Court dismissing the plaintiff's motion seeking leave to issue Circuit Court proceedings on foot of a previous possession order on the grounds that: (a) the defendant was correct that there was no decision of the Circuit Court which could be the subject of an appeal to the High Court; and (b) in circumstances where the Circuit Court neither heard nor determined an application because the application itself was struck out due to the non-attendance of the moving party, then the appropriate course of action would be for that party to issue a fresh motion before the Circuit Court rather than asking the High Court to hear the motion for the first time.
Circuit Court appeal - appeal of a decision of the Circuit Court (O'Donoghue J.) dismissing the plaintiff's motion seeking leave to issue Circuit Court proceedings - an order for possession of the lands and premises contained in two folios was made in favour of the plaintiff in January 2010 - the plaintiff sought an order granting leave to issue Circuit Court proceedings on foot of the aforesaid order for possession - Order 36, rule 10 of the Circuit Court Rules - the plaintiff did not attend court on the first day the matter was listed and it was adjourned - the plaintiff did not attend on the second time the matter was listed and the motion was struck out and the defendant was awarded the costs of the motion - whether the High Court had jurisdiction to hear the appeal - section 37 of the Courts of Justice Act 1936 - whether a decision had been made by the Circuit Court in circumstances when the motion was struck out for non-attendance - application struck out but the Court noted that the Plaintiff was at liberty to issue a fresh motion before the Circuit Court should it wish so to do.
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