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High Court, in proceedings concerning the administration of an estate, sets aside an order of the court (made ex parte) renewing the plaintiff's plenary summons for a second time, as the application was not made within the extended period granted on foot of the first renewal order, as is specifically required under the rules of court.
Application to set aside order renewing plenary summons - Order 8 Rule 1 RSC - second renewal following expiry of first period's renewal - proceedings in devastavit and negligence arising from the administration of an estate of a third party by the defendant solicitors and executors of the deceased's estate - whether renewed summons became incapable of further renewal following its expiry - application to set aside - Order 8 Rule 2 RSC - principles to be applied - jurisdiction to renew - whether second or subsequent renewal application must be made within currency of renewed summons - applicable case law - jurisdiction to extend time - Order 122 Rule 7 RSC - general power to extend time - extent of general power - interests of justice - subject to any provision of statute - nature of secondary legislation - inherent jurisdiction - prejudice - rules expressly delimit the manner and time for making an application to renew - principles of statutory interpretation - order granting renewal is set aside.
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