Digital Rights Ireland: Motion in Default of Defence

TAKE NOTICE that on the 30TH day of APRIL 2007, at the hour of 11.00 a.m. in the forenoon or at the first available opportunity thereafter Counsel on behalf of the Plaintiff herein will apply to this Honourable Court sitting in the Chancery Motions list at the Four Courts Inns Quay in the City of Dublin for the following:

1. An Order granting judgment to the Plaintiff against the Defendants and each of them herein in terms of the Indorsement of Claim set out in the Statement of Claim herein on the grounds that the Defendants herein and each of them have failed to enter a Defence within the time specified by the Rules of this Honourable Court;

2. Such further and other Orders and relief as to this Honourable Court seems meet and just;

3. An order dealing with the costs of and incidental to this application.

WHICH APPLICATION will be grounded upon the proceedings already had herein, this Notice of Motion and affidavit of service thereof, the certificate of no Defence, the Affidavit of Edward McGarr and the exhibits herein referred to, the nature of the case and the reasons to be offered.

DATED THIS 11th DAY OF APRIL 2007

McGARR
_________________________
McGARR
Solicitors
12 City Gate
Lower Bridge St.
Dublin 8

TO: The Registrar
Central Office
Four Courts
Dublin 7
And
The Chief State Solicitor
Little Ship St.
Dublin 8

I , Edward McGarr Solicitor, of 12 City Gate Lower Bridge St. Dublin 8 being aged 18 years and upwards MAKE OATH and say as follows:

1. I say that I am the Solicitor for the Plaintiff in the above entitled proceedings and I make this Affidavit from facts within my own knowledge save where otherwise appears and where so appearing I believe the same to be true and accurate.

2. I beg to refer to the proceedings already had herein when produced.

3. I say the plaintiff is a non-governmental organisation whose objects include the defence of human rights in a digital age. As appears from the pleadings the Defendants have breached the human and constitutional rights of, essentially the users of mobile phones in Ireland.

4. I say that by letter dated the 1st November 2006 I wrote to the Defendants’ solicitor giving him notice that in default of Defence a motion for Judgment in default would issue. In this regard I beg to refer to a true copy of the said letter upon which and marked with the letter “A��? I have signed my name prior to the swearing hereof.

5. In the events that happened the Defendants did not serve a Defence and I say that a Notice of Motion for judgement in default of Defence issued returnable for 19th February 2007. On that day, at the request of the Defendants, this honourable court made an Order on consent extending the time within which the Defendants might serve a Defence.

6. I beg to refer to a copy of the said Order when produced.

7. I say that by letter dated the 20th March 2007 I wrote to the Defendants’ solicitor giving him notice that in default of Defence a motion for Judgment in default would issue. In this regard I beg to refer to a true copy of the said letter upon which and marked with the letter “C��? I have signed my name prior to the swearing hereof.

8. I beg to refer to the Affidavit of service of this Notice of Motion and this Affidavit when produced.

9. I say that as of the date of swearing this Affidavit the Defendants have not entered a Defence.

10. I therefore pray this Honourable Court for the Relief sought in the Statement of Claim and Notice of Motion herein.

EDWARD McGARR

Sworn by the said Edward McGarr
This 11th day of April
2007 at Arran Quay
before me a Commissioner for
Oaths/Practising Solicitor and I know the
Deponent

ANTHONY NAGLE
______________________________
Commissioner for Oaths/Practising Solicitor

This Affidavit is filed this 11th day of April 2007 by McGarr Solicitors of 12 City Gate Lower Bridge St. Dublin 8 on behalf of the Plaintiff