Mars Capital Finance Ireland DAC v Carty & Ors (Approved) [2026] IECA 69 (29 April 2026)

Mars Capital Finance Ireland DAC v Carty & Ors (Approved) [2026] IECA 69 (29 April 2026)

Mars Capital Finance Ireland DAC, having been entirely successful in the appeal, is entitled to its costs as against the appellants, as there is no sufficient reason under s. 169(1) of the Legal Services Regulation Act 2015 to depart from the default rule.

Citation
[2026] IECA 69
Parties
Plaintiff/respondent: Mars Capital Finance Ireland DAC; Defendant/appellant: Patrick Carty; Defendant/appellant: Idena Carty; Defendant/appellant: Any person in occupation of the property at Newtown, Caim, Enniscorthy, in the County of Wexford
Jurisdiction
Ireland
Judgment Date
29 April 2026
Procedural Posture
Civil Appeal / Judgment on Costs Following Appeal
Outcome
Respondent entitled to costs of the appeal
Legal Topics
Costs, Appeals, Possession Proceedings
Civil Procedure Costs Appeals Possession Proceedings

Case Brief

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Parties

Mars Capital Finance Ireland DAC

Plaintiff/respondent

Patrick Carty

Defendant/appellant

Idena Carty

Defendant/appellant

Any person in occupation of the property at Newtown, Caim, Enniscorthy, in the County of Wexford

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Costs Following Appeal

Legal Issues

  1. 1 Whether the appellants are entitled to costs of the appeal despite being unsuccessful
  2. 2 Whether the respondent is entitled to costs of the appeal under s. 169 of the Legal Services Regulation Act 2015

Ratio Decidendi

Mars Capital Finance Ireland DAC, having been entirely successful in the appeal, is entitled to its costs as against the appellants, as there is no sufficient reason under s. 169(1) of the Legal Services Regulation Act 2015 to depart from the default rule.

Court Disposition

Respondent entitled to costs of the appeal

Orders

  • Order for costs of the appeal in favour of Mars Capital Finance Ireland DAC, such costs to be adjudicated in default of agreement