McC (K) (Complainant) v O'D (A)

• Jurisdiction: Ireland
• Judge: Mr. Justice Henry Abbott
• Judgment Date: 11 June 2009
• Neutral Citation: [2009] IEHC 608
• Court: High Court
• Date: 11 June 2009

[2009] IEHC 608

THE HIGH COURT

[No. 77 E.M.O./2007]

McC (K) v O'D (A)

IN THE MATTER OF THE MAINTENANCE ORDERS ACT 1974

BETWEEN

K. McC.

COMPLAINANT

AND

A. O'D.

DEFENDANT

MAINTENANCE ORDERS ACT 1974 S9

FAMILY LAW

Practice and procedure

Maintenance - Reciprocating jurisdiction - Enforcement order granted by Master of High Court - Notice of appeal in respect of enforcement order - Allegation that defendant unaware of proceedings or decree - Service of documents leading to original maintenance order - Whether service adequate - Whether decree could be enforced - Maintenance Order s Act 1974 (No 16 ), s 9 - Direction that appeal of defendant admitted for hearing before court on affidavit (2007/77EMO - Abbott J - 11/6/2010) [2009] IEHC 608

McC (K) v O'D (A)

Facts: The Scottish Executive applied to the Master of the High Court for enforcement in the State of a maintenance order relating to a daughter of the appellant in full-time education, pursuant to the Maintenance Order Act 1974. The appellant resided in Ireland. The Master of the High Court ordered the enforcement of the maintenance order. The Scottish Legal Aid Board wrote to the appellant informing him of his legal aid debt arising from an award of costs against him following proceedings as to maintenance in Scotland. The appellant wrote to the Scottish Legal Aid board stating that he was never informed of any imminent court proceedings. He argued that he did not receive notice of the maintenance proceedings and that he did not have an opportunity to participate in the proceedings

Held by Abbott J. that having considered the terms of the Certification of Citation in family action of P.C. process server, that an issue arose as to whether service was adequate. The Court would direct that the appeal of the defendant/ appellant be admitted for hearing before the Court on affidavit.

Reporter: E.F

1 1. By request dated the 27 ^th May, 2008, from the Scottish Executive for the enforcement in the State of the maintenance order made on the 29 ^th June, by the Sheriff's Court, Paisley, Court Reference No. F128-07, the Scottish Executive applied to the Master of the High Court for enforcement of this State pursuant to the Maintenance Order Act 1974, of the said maintenance order. By order dated the 18 ^th July, 2008, the Master of the High Court ordered that the said maintenance order be enforced in the State to the extent of STG£1,800 for arrears up to and including the 17 ^th September, 2007, together with STG£300 per calendar month for the benefit of the complainant, K. McC. (date of birth 2 ^nd May, 1990), being the daughter of A. O'D., the defendant, until she reaches the age of 25 years, if she is still in full time education. The defendant/appellant was served with notice of the making of the Master's enforcement order on the 2 ^nd October, 2008, by notice of appeal from the Legal Aid Board, the defendant/appellant served notice of appeal in respect of the enforcement order of the Master dated the 31 ^st October, 2008. The grounds of the appeal are as follows:-

2 "1. The appellant is a 48 year old, unemployed Scottish national with an address at M.. He came to Ireland in June, 2006 from Scotland and has resided in Ireland since then. He has an 18 year old daughter, K. McC., who is the 'complainant' in the within enforcement proceedings and who is a student resident in Glasgow.

2 A Decree was issued by Paisley District court on the 29 ^th June, 2007, in favour of K. McC. to the effect that the appellant is obliged to pay £300 per calendar month to K. McC. together with a further payment of £1,200 in respect of aliment arising from May, 2006 to January, 2007 payable by the 29 ^th July, 2007, with interest thereon at the rate of 8% per annum from the due date until payment. The appellant was also adjudged to be liable to K. McC. for her legal expenses.

3 From June, 2006...