Smythe & Holly and Anor

In *Smythe & Holly and Anor*, heard by O'Reilly J, the dispute concerned an application by the paternal grandparents for final orders concerning children, filed on 18 September 1996. The mother sought the summary dismissal of this application, arguing that new proceedings had been initiated more than two years after previous final orders, and that no new factor or significant change in circumstances had been demonstrated.

The primary legal issue before the court was whether the paternal grandparents had established a "new factor" or a "significant change in circumstances" to justify the court entertaining their application for final orders, given the passage of time since the last orders were made. A secondary issue related to the mother's application for costs concerning her response and her costs application, which the court considered separately.

O'Reilly J dismissed the mother's application for summary dismissal. The court found that a new factor or significant change in circumstances had indeed been shown, permitting the paternal grandparents' application to proceed. Regarding the costs application, O'Reilly J reserved the determination of whether the preparation and filing of certain material by the mother were unnecessary for the trial judge. The court ordered that its reasons for judgment concerning the costs application be brought to the attention of the trial judge and, if costs were awarded, to the Registrar for assessment. The matter was subsequently adjourned to the trial notice list.