Keogh v Mars Capital Finance Ireland Designated Activity Company & Ors (Approved) [2024] IECA 269 (30 July 2024)

Keogh v Mars Capital Finance Ireland Designated Activity Company & Ors (Approved) [2024] IECA 269 (30 July 2024)

The High Court erred in measuring the defendants' costs at €27,000 plus VAT without sufficient evidential basis or submissions from the affected party. The appropriate order is for adjudication of costs, not summary measurement.

Citation
[2024] IECA 269
Parties
Plaintiff/appellant: Sharon Keogh; Defendant/respondent: Mars Capital Finance Ireland DAC; Defendant/respondent: Aiden Murphy; Defendant/respondent: Meath County Council
Jurisdiction
Ireland
Judgment Date
30 July 2024
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Interlocutory Injunction and Costs
Outcome
Appeal allowed in part
Legal Topics
Interlocutory Injunctions, Costs Orders, Mortgagee Rights, Priority of Charges
Civil Procedure Property Law Mortgage Law Interlocutory Injunctions Costs Orders Mortgagee Rights Priority of Charges

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Parties

Sharon Keogh

Plaintiff/appellant

Mars Capital Finance Ireland DAC

Defendant/respondent

Aiden Murphy

Defendant/respondent

Meath County Council

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Interlocutory Injunction and Costs

Legal Issues

  1. 1 Whether the High Court erred in measuring and awarding costs against the appellant at €27,000 plus VAT
  2. 2 Whether the costs should be adjudicated rather than measured
  3. 3 Whether the mortgagee is entitled to priority for costs from the proceeds of sale

Ratio Decidendi

The High Court erred in measuring the defendants' costs at €27,000 plus VAT without sufficient evidential basis or submissions from the affected party. The appropriate order is for adjudication of costs, not summary measurement.

Court Disposition

Appeal allowed in part

Orders

  • Set aside the High Court order measuring costs at €27,000 plus VAT
  • Order for adjudication of the first and second defendants' costs