ACC Bank plc v Hanrahan [2014] IESC 40 (26 June 2014)

ACC Bank plc v Hanrahan [2014] IESC 40 (26 June 2014)

The trial judge erred in principle by treating the refusal of summary judgment as an 'event' for costs purposes; the correct approach is to award costs in the cause unless the plaintiff acted manifestly unreasonably, which was not established here.

Citation
[2014] IESC 40
Parties
Plaintiff/appellant: ACC Bank plc; Defendant/respondent: Margaret Hanrahan; Defendant/respondent: Michelle Sheeran
Jurisdiction
Ireland
Judgment Date
26 June 2014
Procedural Posture
Appeal / Appeal Against High Court Order on Costs Following Summary Judgment Application
Outcome
Appeal allowed
Legal Topics
Costs, Summary Judgment, Appeals
Civil Procedure Costs Summary Judgment Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

ACC Bank plc

Plaintiff/appellant

Margaret Hanrahan

Defendant/respondent

Michelle Sheeran

Defendant/respondent

Procedural Posture

Appeal / Appeal Against High Court Order on Costs Following Summary Judgment Application

Legal Issues

  1. 1 Proper approach to costs following unsuccessful summary judgment applications remitted to plenary hearing
  2. 2 Whether appellate court should interfere with trial judge's costs order when substantive decision is not appealed

Ratio Decidendi

The trial judge erred in principle by treating the refusal of summary judgment as an 'event' for costs purposes; the correct approach is to award costs in the cause unless the plaintiff acted manifestly unreasonably, which was not established here.

Court Disposition

Appeal allowed

Orders

  • Orders of costs made by the trial judge set aside
  • Costs of both summary judgment motions to be costs in the cause