Decision on costs reserved where summary judgment was refused in contract dispute

The High Court, having refused an application for summary judgment in a case where the plaintiff, currently in liquidation, sought to recover a sum of €US$1,830,059 plus interest based on a contract, determines that an order reserving the costs of proceedings to date best meets the interests of justice. The court found that the defendant had presented a bona fide defence, challenging the existence of the contract and suggesting that, even if a contract were found, the appropriate remedy would be damages for breach of contract rather than the liquidated sum claimed. The matter has been adjourned for a plenary hearing to resolve the factual disputes. Thus, the court reserved the decision on costs, finding it premature to allocate them until the factual issues are settled at trial.