Houston v Doyle (Unapproved) [2020] IECA 316 (18 November 2020)

Houston v Doyle (Unapproved) [2020] IECA 316 (18 November 2020)

Ms Doyle was the substantially successful party on appeal and is entitled to 75% of her costs, reflecting Ms Houston's limited success in setting aside the Isaac Wunder order. Tully Rinckey is entitled to costs of attending the directions hearing only, due to limited involvement. No costs awarded to Ms Houston. Orders subject to stay pending possible Supreme Court appeal.

Citation
[2020] IECA 316
Parties
Plaintiff/appellant: Eugenie Houston; Defendant/respondent: Wendy Doyle (practising under the style of Wendy Doyle Solicitor); Interested Party: Tully Rinckey
Jurisdiction
Ireland
Judgment Date
18 November 2020
Procedural Posture
Appeal / Ruling on Costs After Judgment
Outcome
Costs awarded to Defendant (75%) and to Tully Rinckey for directions hearing; stay granted on orders pending possible Supreme Court appeal.
Legal Topics
Costs, Appeals, Recusal, Joinder, Isaac Wunder Order
Civil Procedure Costs Appeals Recusal Joinder Isaac Wunder Order

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Parties

Eugenie Houston

Plaintiff/appellant

Wendy Doyle (practising under the style of Wendy Doyle Solicitor)

Defendant/respondent

Tully Rinckey

Interested Party

Procedural Posture

Appeal / Ruling on Costs After Judgment

Legal Issues

  1. 1 Entitlement to costs following mixed success on appeal
  2. 2 Appropriate allocation of costs where appellant partially successful
  3. 3 Costs entitlement of non-participating interested party

Ratio Decidendi

Ms Doyle was the substantially successful party on appeal and is entitled to 75% of her costs, reflecting Ms Houston's limited success in setting aside the Isaac Wunder order. Tully Rinckey is entitled to costs of attending the directions hearing only, due to limited involvement. No costs awarded to Ms Houston. Orders subject to stay pending possible Supreme Court appeal.

Court Disposition

Costs awarded to Defendant (75%) and to Tully Rinckey for directions hearing; stay granted on orders pending possible Supreme Court appeal.

Orders

  • Ms Doyle to recover 75% of her costs of the appeals from Ms Houston, subject to adjudication in default of agreement.
  • Tully Rinckey to recover costs of attending the directions hearing on 13 March 2020 (including briefing counsel), subject to adjudication in default of agreement.