Heffernan v Hibernia College UnLtd (Approved) [2020] IECA 121 (29 April 2020)

Heffernan v Hibernia College UnLtd (Approved) [2020] IECA 121 (29 April 2020)

The trial judge erred in awarding costs against the appellant from the date of the respondent's late offer without also awarding the appellant his costs incurred in obtaining that offer. The correct approach is to award the appellant his costs up to the close of business on the date the offer expired, and to limit the respondent's costs to those incurred in the application that the injunction not proceed after that date.

Citation
[2020] IECA 121
Parties
Appellant/plaintiff: Michael Heffernan; Respondent/defendant: Hibernia College Unlimited Company
Jurisdiction
Ireland
Judgment Date
29 April 2020
Procedural Posture
Appeal (costs Order) / Court of Appeal Judgment on Appeal From High Court Costs Order Following Interlocutory Injunction Application
Outcome
Appeal allowed; High Court order varied
Legal Topics
Costs of Interlocutory Applications, Mootness, Injunctive Relief, Judicial Discretion in Costs, Alternative Remedies, Public and Private Law Claims
Civil Procedure Education Law Administrative Law Costs of Interlocutory Applications Mootness Injunctive Relief Judicial Discretion in Costs Alternative Remedies +1 more

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Parties

Michael Heffernan

Appellant/plaintiff

Hibernia College Unlimited Company

Respondent/defendant

Procedural Posture

Appeal (costs Order) / Court of Appeal Judgment on Appeal From High Court Costs Order Following Interlocutory Injunction Application

Legal Issues

  1. 1 How should costs be allocated when a defendant makes late concessions in interlocutory injunction proceedings?
  2. 2 How should an appellate court approach an appeal on costs where the underlying proceedings have become moot?

Ratio Decidendi

The trial judge erred in awarding costs against the appellant from the date of the respondent's late offer without also awarding the appellant his costs incurred in obtaining that offer. The correct approach is to award the appellant his costs up to the close of business on the date the offer expired, and to limit the respondent's costs to those incurred in the application that the injunction not proceed after that date.

Court Disposition

Appeal allowed; High Court order varied

Orders

  • Appellant to recover from respondent the costs of and consequent upon the application for interlocutory relief up to and including close of business on Monday 16 September 2019.
  • Respondent to recover from appellant the costs incurred in connection with the application that the interlocutory injunction not proceed on Tuesday 17 September 2019.