Gaffney & Anor v Gaffney & Anor [No. 2] (Rev1) [2025] IEHC 602 (05 November 2025)

Gaffney & Anor v Gaffney & Anor [No. 2] (Rev1) [2025] IEHC 602 (05 November 2025)

The plaintiffs, having been entirely successful in the substantive application and all related motions, are entitled to recover measured legal costs against the First Named Defendant as may be agreed or adjudicated. There is no basis to defer the costs ruling or final orders pending other proceedings, as the matters before the court have been fully determined and the principal judgment addressed all relevant issues.

Citation
[2025] IEHC 602
Parties
Plaintiff (respondent): Alan Gaffney; Plaintiff (respondent): Derek Gaffney; Defendant (appellant): Philip Gaffney; Defendant (appellant): Teresa Gaffney
Jurisdiction
Ireland
Judgment Date
05 November 2025
Procedural Posture
Civil Appeal (well Charging Relief) / Ruling on Costs and Final Orders After Principal Judgment
Outcome
Plaintiffs' applications granted; Defendants' motions refused; costs awarded to Plaintiffs; orders for sale and account made subject to stay.
Legal Topics
Well Charging Relief, Judgment Mortgage, Costs, Lis Pendens, Appeal Procedure
Property Law Civil Procedure Well Charging Relief Judgment Mortgage Costs Lis Pendens Appeal Procedure

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Parties

Alan Gaffney

Plaintiff (respondent)

Derek Gaffney

Plaintiff (respondent)

Philip Gaffney

Defendant (appellant)

Teresa Gaffney

Defendant (appellant)

Procedural Posture

Civil Appeal (well Charging Relief) / Ruling on Costs and Final Orders After Principal Judgment

Legal Issues

  1. 1 Entitlement to costs following success in well-charging relief application and related motions
  2. 2 Whether costs ruling should be deferred pending other proceedings
  3. 3 Validity of lis pendens and judgment mortgage

Ratio Decidendi

The plaintiffs, having been entirely successful in the substantive application and all related motions, are entitled to recover measured legal costs against the First Named Defendant as may be agreed or adjudicated. There is no basis to defer the costs ruling or final orders pending other proceedings, as the matters before the court have been fully determined and the principal judgment addressed all relevant issues.

Court Disposition

Plaintiffs' applications granted; Defendants' motions refused; costs awarded to Plaintiffs; orders for sale and account made subject to stay.

Orders

  • Plaintiffs awarded 50% of measured legal costs for their motion to extend time and vary the Circuit Court order, as against the First Named Defendant.
  • Plaintiffs awarded measured legal costs for successfully opposing the First Named Defendant's motion dated 30 October 2024, as against the First Named Defendant.