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High Court grants an application for an extension of time within which to issue execution of an order for possession, on the grounds that the plaintiff has met the threshold of establishing a good reason which explains the failure to execute the order for possession, and the delay in executing the order has not caused any prejudice to the defendants.
Application for an extension of time within which to issue execution of an order for possession - application is made pursuant to Order 42, rule 24 of the Rules of the Superior Courts - a party who has the benefit of an order or judgment is generally required to execute same within a period of six years - criteria governing the exercise of this discretion have been set out in Smyth v. Tunney [2004] IESC 24, [2004] 1 I.R. 512 - not necessary to give some unusual, exceptional or very special reasons for obtaining permission to execute following the lapse of six years from the date of the judgment or order, provided that there is some explanation at least for the lapse of time - court must consider any counterbalancing allegations of prejudice.
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