Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
The High Court refused an application by a property holding company and related entities to strike out four specific pleas from the defence of the plaintiffs in a complex, long-running dispute regarding damages owed following the lifting of an interlocutory injunction. The court determined that the disputed pleas, which raised issues relating to the beneficial ownership of a development site, agents’ alleged wrongful conduct, possible illegality in the transaction, and questions of finance and damages, could be relevant to the inquiry as to the amount of damages suffered by the defendants as a result of delayed property development. The judge, noting the complexity of the litigation, the disadvantage of not being the original trial judge, and the significant factual disputes, held that it was not clear that the contested pleas were irrelevant and therefore declined to strike them out, allowing the parties to argue these points at the future inquiry into damages.
commercial litigation – damages inquiry – striking out pleadings – interlocutory injunction – beneficial ownership – corporate ownership disputes – agency and wrongful acts – doctrine of ex turpi causa (no cause of action arises from a base cause) – assessment of damages – undertaking as to damages – Rules of the Superior Courts (RSC) – complex litigation – property development – court discretion – res judicata
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now