Allied Irish Bank v Cuddy (Unapproved) [2020] IECA 291 (28 October 2020)

Allied Irish Bank v Cuddy (Unapproved) [2020] IECA 291 (28 October 2020)

The Court found that the Bank did not act in a particularly unreasonable manner in not agreeing to a plenary hearing and that the general approach in ACC Bank plc v Hanrahan should apply. Therefore, costs of both the High Court and the appeal are to be costs in the cause.

Citation
[2020] IECA 291
Parties
Plaintiff/respondent: Allied Irish Bank PLC; Defendant/appellant: Sean Cuddy
Jurisdiction
Ireland
Judgment Date
28 October 2020
Procedural Posture
Civil Appeal / Post Appeal Ruling on Consequential Orders and Costs
Outcome
Costs of the High Court and appeal to be costs in the cause; directions for delivery of pleadings; claim adjourned to plenary hearing with leave to defend limited to the Limited Recourse Ground.
Legal Topics
Summary Judgment, Costs, Leave to Defend, Plenary Hearing
Civil Procedure Banking Law Summary Judgment Costs Leave to Defend Plenary Hearing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Allied Irish Bank PLC

Plaintiff/respondent

Sean Cuddy

Defendant/appellant

Procedural Posture

Civil Appeal / Post Appeal Ruling on Consequential Orders and Costs

Legal Issues

  1. 1 Whether costs of the High Court and appeal should be awarded to the appellant or made costs in the cause
  2. 2 Whether the Bank acted unreasonably in not consenting to a plenary hearing

Ratio Decidendi

The Court found that the Bank did not act in a particularly unreasonable manner in not agreeing to a plenary hearing and that the general approach in ACC Bank plc v Hanrahan should apply. Therefore, costs of both the High Court and the appeal are to be costs in the cause.

Court Disposition

Costs of the High Court and appeal to be costs in the cause; directions for delivery of pleadings; claim adjourned to plenary hearing with leave to defend limited to the Limited Recourse Ground.

Orders

  • Bank to deliver Points of Claim within 3 weeks
  • Mr Cuddy to deliver Points of Defence within a further 3 weeks