Egan -v- Byrne [2016] IECA 9 (15 January 2016)

Egan -v- Byrne [2016] IECA 9 (15 January 2016)

Undertakings contained in the terms of settlement annexed to the court's order were not undertakings to the court but inter partes; therefore, breach of such undertakings does not entitle the applicant to attachment and committal.

Citation
[2016] IECA 9
Parties
Plaintiff/respondent: Frank Egan as Trustee of the Tubber Water Scheme; Plaintiff/respondent: Tubber Water Limited; Defendant/appellant: Martin Byrne
Jurisdiction
Ireland
Judgment Date
15 January 2016
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Attachment and Committal, Undertakings, Terms of Settlement, Rule of Court
Civil Procedure Attachment and Committal Undertakings Terms of Settlement Rule of Court

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Parties

Frank Egan as Trustee of the Tubber Water Scheme

Plaintiff/respondent

Tubber Water Limited

Plaintiff/respondent

Martin Byrne

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether undertakings contained in terms of settlement annexed to a court order are undertakings to the court or merely inter partes
  2. 2 Whether breach of such undertakings entitles the applicant to attachment and committal

Ratio Decidendi

Undertakings contained in the terms of settlement annexed to the court's order were not undertakings to the court but inter partes; therefore, breach of such undertakings does not entitle the applicant to attachment and committal.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • No order for attachment and committal