Quatja -v- Badila & anor [2018] IEHC 202 (23 March 2018)

Quatja -v- Badila & anor [2018] IEHC 202 (23 March 2018)

AXA Insurance Limited, having been properly joined as a co-defendant due to its proprietary and pecuniary interest and the exceptional circumstances of alleged collusion, is entitled to participate in all interlocutory applications affecting its liability. The existence of a default judgment against the first named defendant, in the context of these allegations, could prejudice the fair conduct of the defence. The Circuit Court judgment in default of appearance is vacated and the motion is adjourned to the hearing of the action.

Citation
[2018] IEHC 202
Parties
Plaintiff: Alexander Quatja; First Named Defendant: Alexandru Badila; Second Named Defendant: AXA Insurance Limited
Jurisdiction
Ireland
Judgment Date
23 March 2018
Procedural Posture
Civil Appeal / Appeal From Circuit Court Judgment in Default of Appearance
Outcome
Appeal allowed
Legal Topics
Joinder of Parties, Default Judgment, Locus Standi, Alleged Collusion, Interlocutory Applications
Civil Procedure Insurance Law Personal Injury Joinder of Parties Default Judgment Locus Standi Alleged Collusion Interlocutory Applications

Case Brief

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Parties

Alexander Quatja

Plaintiff

Alexandru Badila

First Named Defendant

AXA Insurance Limited

Second Named Defendant

Procedural Posture

Civil Appeal / Appeal From Circuit Court Judgment in Default of Appearance

Legal Issues

  1. 1 Whether AXA Insurance Limited, as insurer, has locus standi to participate in interlocutory applications after being joined as co-defendant
  2. 2 Whether the Circuit Court judgment in default of appearance against the first named defendant should be vacated
  3. 3 Whether the existence of allegations of collusion justifies AXA's participation and the vacation of the default judgment

Ratio Decidendi

AXA Insurance Limited, having been properly joined as a co-defendant due to its proprietary and pecuniary interest and the exceptional circumstances of alleged collusion, is entitled to participate in all interlocutory applications affecting its liability. The existence of a default judgment against the first named defendant, in the context of these allegations, could prejudice the fair conduct of the defence. The Circuit Court judgment in default of appearance is vacated and the motion is adjourned to the hearing of the action.

Court Disposition

Appeal allowed

Orders

  • Order of the Circuit Court entering judgment in default of appearance against the first named defendant is vacated
  • Motion for judgment in default of appearance is adjourned to the hearing of the action