Defendants’ application to be removed from proceedings refused where it was not established that they were not necessary parties

Application of the second and third named defendants to be removed from the proceedings pursuant to O.15, r.13 on the basis that neither of them are a necessary party to them - company was the leaseholder of a shop premises in Dublin - plaintiff was contacted by an architect to quote for fitting out the premises as a shoe shop - plaintiff provided estimates and agreed to commence work and completed - plaintiff’s claim is for the sum of €201,756.14 which remains due and owing in relation to those works after deduction of some interim payments that were made - third named defendant’s involvement in the proceedings derives from a conveyance made between the second and third named defendants on 13 February 2020 when the second named defendant transferred his interest in their unencumbered family home to the third named defendant - chronology of events – involvement of the company – proceedings issued – company in liquidation – evidence before the court - Order 15, r.13 - court has discretion in deciding whether or not parties should be removed from proceedings – no explanation for the transfer – Court not satisfied at this interlocutory point in the proceedings that the second and third named defendants have established that they are not necessary parties to the proceedings – application refused –