M. v. M. (Judicial review: set aside leave) (Approved)

             The Circuit Court orders were made in the context of an appeal from the District Court.� It is an indication of the protracted nature of the litigation that the impugned District Court order dates from 8 December 2015, yet the appeal was not finally determined until 23 May 2022.� The family law proceedings had been listed before the Circuit Court for hearing on more than forty occasions.

             These judicial review proceedings are addressed solely to the order directing the payment of outstanding maintenance in the sum of �3,265.� For completeness, however, this judgment will also consider the possibility that the applicant had intended to challenge the costs order.� It should be emphasised that a challenge to the costs order does not form part of his pleaded case and is considered in this judgment de bene esse .

             This court has had the benefit of a transcript of the hearing before the Circuit Court on 23 May 2022.� This transcript only became available in February 2023, that is many months after the ex parte application for leave to apply for judicial review.

             The case is elaborated upon as follows in the applicant�s verifying affidavit (at paragraphs 4 to 7):

�The aforementioned appeal was heard and finalised by the Circuit Court on the 23rd of May 2022.� There was no supportive affidavit sworn by the Respondent in respect of the appeal.� Furthermore, the Respondent was permitted by the Court to adduce a hand written note averring to monetary sums which, she claimed, was owed by the Applicant. �There was no formal report from an accountant, financial advisor or any other qualified expert vouching to the figures adduce in Court.