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High Court finds that it should set aside order giving leave to serve notice of plenary summons outside of the jurisdiction and adjourns hearing of the motion to allow both parties to consider their positions, holding that: (a) at the time the order was made, the plenary summons had ceased to be in force where no application for renewal had been made; (b) unless an application was made by the plaintiff for renewal of the summons, the proceedings could go no further; and (c) where the parties had spent three days arguing complex matters of jurisdiction, they should consider whether or not the motion ought to be adjourned to allow the plaintiff to apply for renewal of the summons.
Application by defendant for orders setting aside service of notice of plenary summons and discharging High Court order granting the plaintiff liberty to serve notice of the proceedings on the defendant out of the jurisdiction - in the alternative, stay sought on grounds that Irish court was forum non conveniens - defendant Canadian citizen resident in the Isle of Man - original order for service outside of the jurisdiction made in July 2014 - conditional appearance entered - statement of claim delivered - successful application by defendant to have service set aside in April 2018 - costs awarded to defendant but stayed pending new application for plaintiff for service outside of jurisdiction - new order giving leave to serve outside of jurisdiction obtained in July 2018 - identical conditional appearance entered - identical statement of claim delivered - threshold issue of whether the plenary summons had ceased to be in force before the second order was made for service of notice outside of the jurisdiction where no application for renewal had been made. - no judgment on the substantive issues of jurisdiction.
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