O'Mahony v Start Mortgages Designated Activity Company ; O'Mahony v Start Mortgages Designated Activity Company ; Start Mortgages Designated Activity Company v O'Mahony (Approved) (Rev1)

Several matters were listed for hearing (two days) commencing on Tuesday 18 October 2022, having appeared in a callover which took place the previous week on 13 October. Ms. O�Mahony (hereinafter �the defendant� unless otherwise stated) was on notice of the callover and of the hearing. She did not participate in the callover and did not appear at the hearing.

Shortly before 3 p.m. on 17 October 2022, the defendant sent an email to the Courts Service wherein inter alia the defendant confirmed that had been notified on the evening of 12 October of the callover which would take place the following day. As well as making a complaint with regard to notice to her, she suggested that the hearing listed for the 18 and 19 October was an attempt � to ambush me again in court �.

A response was sent to the defendant by a court Registrar, wherein the defendant was advised that she should attend court on the 18 October to explain her position to the judge, and the defendant was also advised to contact the other side.

At approximately 11 a.m. on 18 October, I was furnished with a copy of a document entitled �Notice to seek adjournment until Circuit Court case is complete� (the �Notice�). Although bearing the date of 16 October 2022, I was not furnished with a copy until the case was due to commence. I proceeded to consider the defendant�s application to adjourn, even though the defendant had not attended court, even to move such an application.

The defendant�s attitude is made very clear on the first page of the Notice, wherein she stated inter alia that: -