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Court of Appeal, by way of preliminary issue on appeal, determines that two of the defendants were not personally liable for damages of €90,000 and costs awarded in the High Court for the allegedly negligent construction of a dwellinghouse, where the trial judge had failed to make a distinction between the two defendants and the company of which they were shareholders.
Costs – practice and procedure – whether defendants are personally liable for the damages and costs – guarantee bond executed in respect of a dwelling – purchase of site of land – allegedly defective house built after building agreement – decree made in favour of the plaintiff as against all three defendants without any distinction being drawn between them – duty to give reasons – defendants are not personally liable for the damages – judge in giving a decree for almost €90,000 against all three defendants clearly failed to make any distinction between the two individual persons, , and the company of which they were the shareholders – no evidence from which the trial judge could have concluded that the first and second named defendants were liable for the damages.
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.
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