Mooney -v- The Old Shebeen Ltd [2016] IECA 151 (25 May 2016)

Mooney -v- The Old Shebeen Ltd [2016] IECA 151 (25 May 2016)

The defendant was genuinely taken by surprise due to the disorderly wind-down of its solicitors and lack of communication, and has demonstrated reasonable prospects of defending the proceedings. It would be unjust not to re-instate the defence, subject to strict compliance with imposed terms.

Citation
[2016] IECA 151
Parties
Plaintiff / Respondent: James Mooney; Defendant / Respondent: The Old Shebeen Limited; Former Solicitors for Defendant: Henry Arigho & Co.
Jurisdiction
Ireland
Judgment Date
25 May 2016
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court Decision Refusing Extension of Time to Appeal Master’s Order Striking Out Defence
Outcome
Appeal allowed; High Court decision set aside; defendant’s defence re-instated subject to terms.
Legal Topics
Default Judgment, Setting Aside Judgment, Discovery, Employment Relationship, Costs
Civil Procedure Personal Injury Default Judgment Setting Aside Judgment Discovery Employment Relationship Costs

Case Brief

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Parties

James Mooney

Plaintiff / Respondent

The Old Shebeen Limited

Defendant / Respondent

Henry Arigho & Co.

Former Solicitors for Defendant

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court Decision Refusing Extension of Time to Appeal Master’s Order Striking Out Defence

Legal Issues

  1. 1 Whether the defendant should be permitted to appeal and re-instate its defence after default judgment was entered for failure to make discovery
  2. 2 Whether the defendant had knowledge of the proceedings and was taken by surprise
  3. 3 Whether the defendant has reasonable prospects of defending the action

Ratio Decidendi

The defendant was genuinely taken by surprise due to the disorderly wind-down of its solicitors and lack of communication, and has demonstrated reasonable prospects of defending the proceedings. It would be unjust not to re-instate the defence, subject to strict compliance with imposed terms.

Court Disposition

Appeal allowed; High Court decision set aside; defendant’s defence re-instated subject to terms.

Orders

  • Defendant to file affidavit of discovery within four weeks.
  • Defendant to issue motion for direction in High Court seeking early trial date.