Permanent TSB & ors v Skoczylas & ors (Approved) [2021] IESC 10 (09 March 2021)

Permanent TSB & ors v Skoczylas & ors (Approved) [2021] IESC 10 (09 March 2021)

The Supreme Court held that the issues determined on appeal were primarily legal, not factual, and that it was possible to justly adjudicate on costs at this stage. The general rule that costs follow the event applies, and the plaintiffs/respondents are entitled to their costs of the appeal. The Court refused to reserve costs to trial or grant an indefinite stay, but allowed a limited stay of execution for one year.

Citation
[2021] IESC 10
Parties
Plaintiffs/respondents: Permanent TSB PLC, Alan Cook, Jeremy Masding, Kevin Murphy, David McCarthy, Bernard Collins, Ray MacSharry, Margaret Hayes, Eimear Daly, Sandy Kinney, Pat Ryan, Roy Keenan; Defendants/appellants: Piotr Skoczylas, Scotchstone Capital Fund Limited, Gerard Dowling, Padraig McManus, Georg Haug, John Paul McGann, Tibor Neugebauer, Muriel Scorer
Jurisdiction
Ireland
Judgment Date
09 March 2021
Procedural Posture
Civil Appeal / Supreme Court Ruling on Costs Following Dismissal of Appeal
Outcome
Appeal dismissed; costs of appeal awarded to plaintiffs/respondents; limited stay of execution for one year granted.
Legal Topics
Interlocutory Injunctions, Costs, Director Disqualification, Abuse of Process
Civil Procedure Company Law Interlocutory Injunctions Costs Director Disqualification Abuse of Process

Case Brief

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Parties

Permanent TSB PLC, Alan Cook, Jeremy Masding, Kevin Murphy, David McCarthy, Bernard Collins, Ray MacSharry, Margaret Hayes, Eimear Daly, Sandy Kinney, Pat Ryan, Roy Keenan

Plaintiffs/respondents

Piotr Skoczylas, Scotchstone Capital Fund Limited, Gerard Dowling, Padraig McManus, Georg Haug, John Paul McGann, Tibor Neugebauer, Muriel Scorer

Defendants/appellants

Procedural Posture

Civil Appeal / Supreme Court Ruling on Costs Following Dismissal of Appeal

Legal Issues

  1. 1 Whether costs of the appeal and interlocutory injunction should follow the event or be reserved to trial
  2. 2 Whether a stay should be granted on the order for costs pending trial

Ratio Decidendi

The Supreme Court held that the issues determined on appeal were primarily legal, not factual, and that it was possible to justly adjudicate on costs at this stage. The general rule that costs follow the event applies, and the plaintiffs/respondents are entitled to their costs of the appeal. The Court refused to reserve costs to trial or grant an indefinite stay, but allowed a limited stay of execution for one year.

Court Disposition

Appeal dismissed; costs of appeal awarded to plaintiffs/respondents; limited stay of execution for one year granted.

Orders

  • Plaintiffs/respondents entitled to costs of the appeal.
  • No interference with High Court order for costs.