McDonald v Conroy & Ors (Unapproved) [2020] IECA 336 (30 November 2020)

McDonald v Conroy & Ors (Unapproved) [2020] IECA 336 (30 November 2020)

The appellants succeeded in their appeals, having the High Court judgment and orders set aside and a retrial ordered. They are presumptively entitled to their costs of the appeals, subject to deductions for issues on which they did not succeed (recusal and vicarious liability). Costs of discrete High Court issues finally determined are apportioned accordingly, with remaining High Court costs reserved to the retrial judge. A stay on execution of costs orders is granted pending retrial to avoid injustice to the respondent.

Citation
[2020] IECA 336
Parties
Plaintiff/respondent: Niamh McDonald; First Defendant/appellant: Tommy Conroy; Second Defendant/appellant: Gorey Community School
Jurisdiction
Ireland
Judgment Date
30 November 2020
Procedural Posture
Civil Appeal / Costs Determination Following Successful Appeal and Order for Retrial
Outcome
Costs of the appeals awarded to appellants subject to specified deductions; costs of certain High Court issues apportioned; remaining High Court costs reserved; stay on execution of costs orders pending retrial.
Legal Topics
Costs, Appeals, Retrial, Statute of Limitations, Recusal, Vicarious Liability
Civil Procedure Costs Appeals Retrial Statute of Limitations Recusal Vicarious Liability

Case Brief

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Parties

Niamh McDonald

Plaintiff/respondent

Tommy Conroy

First Defendant/appellant

Gorey Community School

Second Defendant/appellant

Procedural Posture

Civil Appeal / Costs Determination Following Successful Appeal and Order for Retrial

Legal Issues

  1. 1 Whether costs of the appeal should be awarded to the successful appellants
  2. 2 Whether costs of the High Court hearing should be reserved or apportioned
  3. 3 Whether a stay should be placed on the execution of costs orders pending retrial

Ratio Decidendi

The appellants succeeded in their appeals, having the High Court judgment and orders set aside and a retrial ordered. They are presumptively entitled to their costs of the appeals, subject to deductions for issues on which they did not succeed (recusal and vicarious liability). Costs of discrete High Court issues finally determined are apportioned accordingly, with remaining High Court costs reserved to the retrial judge. A stay on execution of costs orders is granted pending retrial to avoid injustice to the respondent.

Court Disposition

Costs of the appeals awarded to appellants subject to specified deductions; costs of certain High Court issues apportioned; remaining High Court costs reserved; stay on execution of costs orders pending retrial.

Orders

  • Appellants (Fr Conroy and the School) awarded costs of the appeals against Ms McDonald, except for costs attributable to written submissions on recusal and vicarious liability issues, which are not recoverable.
  • Ms McDonald awarded costs of her written submissions on recusal and vicarious liability issues, to be set off against costs payable to appellants.