Defendant entitled to the costs to date of summary proceedings adjourned to plenary hearing

Summary judgment – applicant seeking judgment in the sum €209,825.41 – parties agreed the that the matter should go to plenary hearing – costs of the proceedings to date - Defendant says that this case should not have been commenced by summary summons, should have been commenced by plenary summons and that he has been unnecessarily put to the cost of the summary process to date – costs general – summary procedure - Bank of Scotland v Fergus & Havbell v Harris – chronology - O’Malley makes it clear that the summary summons must put the defendant in a position, inter alia by the particulars set out in the summons, to decide whether to consent to judgment. The summary summons in this case did not do so – proceedings deficient in this regard - Defendant was obliged – obliged by the Plaintiff - to attend to these proceedings seeking summary judgment and incur the cost, in time, money and stress, of doing so – Plaintiff knew it was not entitled to summary judgment – took the risk therefore should bear the costs – defendant awarded the costs of proceedings to date