Flynn and Troy (Re-opening)

In the matter of Flynn and Troy, heard before Murphy J, the Applicant Father sought leave to re-open the hearing of the proceedings. The dispute concerned an application to re-open the hearing, with the Applicant Father seeking to introduce new evidence.

The primary legal issue before the Court was whether to grant the Applicant Father leave to re-open the hearing and to rely on new evidence, specifically an affidavit from Mr Greer. A secondary issue was whether to grant the Respondent Mother leave to rely on evidence provided through her solicitor, to be subsequently confirmed by affidavit.

Murphy J granted leave for the Applicant Father to make an oral application to re-open the hearing and to rely on the evidence in Mr Greer's affidavit, provided it was filed and served within seven days. Similarly, leave was granted to the Respondent Mother to rely on evidence provided by her solicitor, subject to her filing and serving a confirmatory affidavit within seven days. However, the Court ultimately dismissed the Applicant Father's oral application to re-open the hearing itself.