James v Watters & Anor (Unapproved) [2023] IECA 144 (12 June 2023)

James v Watters & Anor (Unapproved) [2023] IECA 144 (12 June 2023)

The respondent, being entirely successful in the appeal, is entitled to an order for costs against the appellant, as no sufficient grounds were advanced to depart from the default rule under section 169(1) of the 2015 Act.

Citation
[2023] IECA 144
Parties
Plaintiff/appellant: Debra James; Defendant/respondent: James Watters; Defendant/respondent: Derek Shortall
Jurisdiction
Ireland
Judgment Date
12 June 2023
Procedural Posture
Appeal / Ruling on Costs After Dismissal of Appeal
Outcome
Costs awarded to respondent; execution stayed pending further appeal steps.
Legal Topics
Costs, Appeal, Discretion in Awarding Costs
Civil Procedure Costs Appeal Discretion in Awarding Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Debra James

Plaintiff/appellant

James Watters

Defendant/respondent

Derek Shortall

Defendant/respondent

Procedural Posture

Appeal / Ruling on Costs After Dismissal of Appeal

Legal Issues

  1. 1 Whether the respondent is entitled to costs of the appeal after being successful
  2. 2 Whether the appellant's financial hardship or arguments justify a departure from the default costs order

Ratio Decidendi

The respondent, being entirely successful in the appeal, is entitled to an order for costs against the appellant, as no sufficient grounds were advanced to depart from the default rule under section 169(1) of the 2015 Act.

Court Disposition

Costs awarded to respondent; execution stayed pending further appeal steps.

Orders

  • Order for costs in favour of respondent against appellant.
  • Stay on execution of costs order pending timely filing and determination of application for leave to appeal to the Supreme Court, and, if granted, pending determination of that appeal.