An application to have a dispute between a separated unmarried couple over a south Dublin property transferred to the Family Law courts was another attempt to postpone the hearing, a judge has been told. Mr John O'Donnell, counsel for Ms Catherine McConnell, of Beaumont Avenue, Churchtown, Dublin, told Dublin Circuit Civil Court she was the defendant in a suit running for the past two years.
He told Judge Michael White that the plaintiff, Mr Bill McConnell, of Ferncarig Rise, Fernleigh, Sandyford, Dublin, had made no attempt to seek a hearing date and Ms McConnell was asking the court to set a trial date.
Mr O'Donnell said the couple were not married and the Equity Civil Bill had been drafted by one of the leading senior counsels in the State, who had been satisfied the action should be brought in the Circuit Civil Court.
While there was a custody issue involved, the Circuit Civil Court had jurisdiction to deal with all matters by imposing reporting restrictions on the Family Law aspect.
Judge White said while he was of the view the full proceedings should be dealt with in the Family Law court, it was clear the transfer should not be further delayed. He awarded costs of the application for a trial date to Ms McConnell.
Mr McConnell, among other reliefs, is seeking a declaration that pending the transfer or sale of 48 Beaumont Avenue, Ms McConnell holds his interest in trust.