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Possession proceedings remitted to the Circuit Court where facility letter was only properly before the High Court
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High Court, on appeal from Circuit Court order for possession, remits the proceedings to the Circuit Court, on the grounds that the facility letter was not properly before the Court until the High Court appeal, and consequently the defendants only had one opportunity to put their case across.
Appeal from Circuit Court order for possession - preliminary objection – argued that the facility letter, the alleged breach of which ultimately underpins the application for possession, was not in evidence before the Circuit Court – improperly exhibited – missing pages – wrong facility letter exhibited – only on appeal was the letter properly exhibited - right of appeal to the High Court where a de novo hearing is undertaken - contend that the evidence placed before this Court (the facility letter) was not properly in evidence before the Circuit Court and thus that they are only getting one chance to put their case across – Court reluctant to make possession orders – Court decides to remit the proceedings for hearing before the Circuit Court on the basis of such evidence to allow the letter to be properly before that court.
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