Greene & Anor -v- Triangle Developments Ltd & Ors [2015] IECA 249 (30 July 2015)

Greene & Anor -v- Triangle Developments Ltd & Ors [2015] IECA 249 (30 July 2015)

The Court of Appeal held that the High Court erred by failing to make an objective assessment of whether, in all the circumstances, the third party notice was served as soon as reasonably possible. The court found that, despite some delay in obtaining the expert report, the overall period was reasonable given the complexity of the case and procedural requirements. The defendants discharged the onus of showing the notice was served as soon as reasonably practical.

Citation
[2015] IECA 249
Parties
Plaintiffs: Thomas Greene and Katherine Greene; Defendants/appellants: Triangle Developments Limited and George Wadding; Third Party/respondent: Frank Fox and Associates (A Firm)
Jurisdiction
Ireland
Judgment Date
30 July 2015
Procedural Posture
Civil Appeal / Appeal From High Court Decision to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Third Party Proceedings, Delay in Service, Professional Negligence, Rules of Court
Civil Procedure Third Party Proceedings Delay in Service Professional Negligence Rules of Court

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas Greene and Katherine Greene

Plaintiffs

Triangle Developments Limited and George Wadding

Defendants/appellants

Frank Fox and Associates (A Firm)

Third Party/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision to Court of Appeal

Legal Issues

  1. 1 Whether the third party notice was served as soon as is reasonably possible under section 27(1)(b) of the Civil Liability Act 1961
  2. 2 Whether the High Court erred in striking out the third party notice for delay

Ratio Decidendi

The Court of Appeal held that the High Court erred by failing to make an objective assessment of whether, in all the circumstances, the third party notice was served as soon as reasonably possible. The court found that, despite some delay in obtaining the expert report, the overall period was reasonable given the complexity of the case and procedural requirements. The defendants discharged the onus of showing the notice was served as soon as reasonably practical.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside
  • Third party notice reinstated