Landers -v- Dixon [2015] IECA 155 (15 July 2015)

Landers -v- Dixon [2015] IECA 155 (15 July 2015)

The High Court erred in measuring costs at €20,000 without providing the parties, especially the adversely affected party, an opportunity to make submissions or provide relevant material, and without an objectively defensible basis, particularly given the complexity and number of applications in the case. The normal order for taxation of costs should have been made.

Citation
[2015] IECA 155
Parties
Plaintiff/appellant: Oliver Landers; Respondent/respondent: Raymond Dixon
Jurisdiction
Ireland
Judgment Date
15 July 2015
Procedural Posture
Appeal / Judgment on Appeal Against High Court Order Measuring Costs
Outcome
Appeal allowed
Legal Topics
Costs, Measurement of Costs, Taxation of Costs, Discretion of Court in Awarding Costs
Civil Procedure Costs Measurement of Costs Taxation of Costs Discretion of Court in Awarding Costs

Case Brief

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Parties

Oliver Landers

Plaintiff/appellant

Raymond Dixon

Respondent/respondent

Procedural Posture

Appeal / Judgment on Appeal Against High Court Order Measuring Costs

Legal Issues

  1. 1 Whether the High Court properly exercised its discretion to measure costs under Ord. 99, r.5(2)(a) instead of ordering taxation of costs

Ratio Decidendi

The High Court erred in measuring costs at €20,000 without providing the parties, especially the adversely affected party, an opportunity to make submissions or provide relevant material, and without an objectively defensible basis, particularly given the complexity and number of applications in the case. The normal order for taxation of costs should have been made.

Court Disposition

Appeal allowed

Orders

  • Order for payment of plaintiff’s taxed costs substituted for High Court order measuring costs at €20,000