Circuit Court Rules

ORDER 55

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1979 (NO 27 OF 1979)

1. In this Order, ‘The Act’ means the Housing (Miscellaneous Provisions) Act, 1979, (No 27 of 1979) and ‘the Minister’ means the Minister for the Environment and Local Government.

2. An appeal to the Circuit Court under section 18(5) of the Act shall be commenced within the time set out in section 18(5) of the Act by the issue and filing of a civil bill being a Housing civil bill, in accordance with Form 2K of the Schedule of Forms annexed hereto, or such modification thereof as shall be appropriate. There shall be filed with any such application a copy of the decision of the Minister to which such application relates. In default of such filing, the defendant may himself file such application, together with a copy of the said decision, and thereupon or at any time thereafter, the Judge may make such order as to him shall seem right.

3. The appellant shall be the plaintiff and the Minister shall be the defendant.

4. Applications shall be brought in the county in which the house concerned is situate, or, with the consent of the Minister, in any other county.

5. All applications shall be served either by sending the same, by prepaid registered post addressed to the Minister, or by leaving the same at the office of the Minister, in an envelope addressed to the Minister.

6. This rule shall not apply to Dublin. Every application shall state the date of commencement of the sittings at which it is intended that the application shall be listed for hearing, and shall be filed by the plaintiff not later than 21 days before the commencement of such sittings.

7. This rule shall apply only to the Dublin circuit. Every application shall state the date on which it is desired that the application shall be listed for hearing and shall be filed by the plaintiff not later than 21 days before such date.

8. Upon the filing in accordance with these Rules of an Housing civil bill, the County Registrar shall enter the same for hearing.

9. All applications shall be dated, and bear the name and address for service of the applicant and shall be signed by his solicitor, if any, or, if none, by himself.

10. Save by special leave of the court, all applications under the Act shall be heard upon oral evidence.

11. In every application to which this Order applies the Judge may make all such orders as to costs as may be just and reasonable.

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