Reaney & ors -v- Interlink Ireland Ltd (t/a D.P.D.) [2016] IECA 238 (29 July 2016)

Reaney & ors -v- Interlink Ireland Ltd (t/a D.P.D.) [2016] IECA 238 (29 July 2016)

The Court held that the trial judge erred in refusing to consider the exercise of discretion to award interest under s. 22 of the Courts Act 1981. The Court awarded interest at 8% on the sums due from the commencement of the 2010 proceedings, and determined that the amount awarded for the purposes of O. 22, r. 6 includes statutory interest, meaning the plaintiffs were awarded more than the amount lodged by the defendant. The appeal was dismissed and the cross-appeal allowed, varying the High Court order to reflect the correct judgment sum including interest.

Citation
[2016] IECA 238
Parties
Plaintiff/respondent: Cyril Reaney; Plaintiff/respondent: Ita O'Regan; Plaintiff/respondent: Travalon Limited; Defendant/appellant: Interlink Ireland Limited (T/A D.P.D.)
Jurisdiction
Ireland
Judgment Date
29 July 2016
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; cross-appeal allowed; High Court order varied to increase judgment sum to €413,525.
Legal Topics
Breach of Contract, Interest on Judgments, Court Lodgements, Costs
Contract Law Civil Procedure Breach of Contract Interest on Judgments Court Lodgements Costs

Case Brief

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Parties

Cyril Reaney

Plaintiff/respondent

Ita O'Regan

Plaintiff/respondent

Travalon Limited

Plaintiff/respondent

Interlink Ireland Limited (T/A D.P.D.)

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether interest should be awarded under s. 22 of the Courts Act 1981 on sums awarded for breach of contract
  2. 2 Whether the amount awarded for the purposes of O. 22, r. 6 of the Rules of the Superior Courts includes statutory interest
  3. 3 Whether the lodgement made by the defendant was sufficient to satisfy the plaintiffs' claims including interest

Ratio Decidendi

The Court held that the trial judge erred in refusing to consider the exercise of discretion to award interest under s. 22 of the Courts Act 1981. The Court awarded interest at 8% on the sums due from the commencement of the 2010 proceedings, and determined that the amount awarded for the purposes of O. 22, r. 6 includes statutory interest, meaning the plaintiffs were awarded more than the amount lodged by the defendant. The appeal was dismissed and the cross-appeal allowed, varying the High Court order to reflect the correct judgment sum including interest.

Court Disposition

Appeal dismissed; cross-appeal allowed; High Court order varied to increase judgment sum to €413,525.

Orders

  • Judgment sum varied to €413,525 to include interest under s. 22 of the Courts Act 1981.
  • Costs order of the High Court in respect of interlocutory hearing not disturbed.