Guilfoyle -v- Farm Development Co-operative Limited [2006] IESC 18 (23 March 2006)
The Supreme Court held that the High Court was entitled to prefer the evidence of the defendant's witness over the plaintiff's, and that no binding oral agreement for the sale of shares at the claimed price was established. The findings of fact by the trial judge were supported by credible evidence and could not be overturned on appeal.
- Citation
- [2006] IESC 18
- Parties
- Plaintiff/appellant: Barry Guilfoyle; Defendant/respondent: Farm Development Co-operative Limited
- Jurisdiction
- Ireland
- Judgment Date
- 23 March 2006
- Procedural Posture
- Civil Appeal / Supreme Court Judgment on Appeal From High Court
- Outcome
- Appeal dismissed; High Court order affirmed
- Legal Topics
- Oral Contracts, Share Valuation, Specific Performance, Credibility of Witnesses
Case Brief
Summary, issues, holding and outcome
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Parties
Barry Guilfoyle
Plaintiff/appellant
Farm Development Co-operative Limited
Defendant/respondent
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Legal Issues
- 1 Whether an oral agreement was concluded for the purchase of the plaintiff's shares at a specified price
- 2 Whether the High Court erred in its assessment of evidence and findings of fact
Ratio Decidendi
The Supreme Court held that the High Court was entitled to prefer the evidence of the defendant's witness over the plaintiff's, and that no binding oral agreement for the sale of shares at the claimed price was established. The findings of fact by the trial judge were supported by credible evidence and could not be overturned on appeal.
Court Disposition
Appeal dismissed; High Court order affirmed
Orders
- Refusal of declaration that the consideration of £72,000 is void
- Refusal to grant specific performance of the alleged agreement at £120,000
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