Basinview Management Ltd & Ors -v- Borg Developments & Ors [2012] IEHC 380 (12 June 2012)

Basinview Management Ltd & Ors -v- Borg Developments & Ors [2012] IEHC 380 (12 June 2012)

The delay in serving the third-party notice, though significant, was not unreasonable in the context of the case's progress, mediation, and procedural complexities, and was largely attributable to the defendants' legal advisors rather than the defendants themselves. The omission of grounds of claim from the notice did not cause prejudice as the grounds were provided in the affidavit served with the notice. Accordingly, the application to set aside the third-party notice was refused, but the defendants were disallowed the costs of preparing, issuing, and serving the third-party notice.

Citation
[2012] IEHC 380
Parties
Plaintiff: Basinview Management Limited; Plaintiff: Justin Lennon; Plaintiff: Anne Dunne; Plaintiff: Margaret Costigan; Plaintiff: Gerard Real; Plaintiff: Attracta Real; Plaintiff: Richard Bannister; Plaintiff: John Burke; Plaintiff: Peter Duffy; Plaintiff: Sarah Corcoran; Plaintiff: Joan Corcoran; Plaintiff: G. J. Byrne; Plaintiff: B. Byrne; Plaintiff: David Bobbett; Plaintiff: Tom Shanahan; Plaintiff: Denise O’Brien; Plaintiff: Eileen O'Sullivan; Plaintiff: Josephine Dolan; Plaintiff: John Nolan; Plaintiff: Neil O’Reilly; Plaintiff: Anthony Hourihan; Plaintiff: Richard Nolan; Plaintiff: Philomena Nolan; Plaintiff: Lisa Shaughnessy; Plaintiff: John McKiernan; Plaintiff: Frank Feely; Defendant: Borg Developments; Defendant: Waterdrop (an unlimited company in liquidation formerly known as Cosgrave Homes); Third Party: Bernard Murphy
Jurisdiction
Ireland
Judgment Date
12 June 2012
Procedural Posture
High Court Civil Action / Interlocutory Application to Set Aside Third Party Notice
Outcome
Application to set aside third-party notice refused
Legal Topics
Third Party Procedure, Contribution and Indemnity, Delay in Litigation, Negligence, Nuisance, Breach of Covenant, Rylands V. Fletcher Liability
Civil Procedure Tort Law Property Law Third Party Procedure Contribution and Indemnity Delay in Litigation Negligence Nuisance +2 more

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Parties

Basinview Management Limited

Plaintiff

Justin Lennon

Plaintiff

Anne Dunne

Plaintiff

Margaret Costigan

Plaintiff

Gerard Real

Plaintiff

Attracta Real

Plaintiff

Richard Bannister

Plaintiff

John Burke

Plaintiff

Peter Duffy

Plaintiff

Sarah Corcoran

Plaintiff

Joan Corcoran

Plaintiff

G. J. Byrne

Plaintiff

B. Byrne

Plaintiff

David Bobbett

Plaintiff

Tom Shanahan

Plaintiff

Denise O’Brien

Plaintiff

Eileen O'Sullivan

Plaintiff

Josephine Dolan

Plaintiff

John Nolan

Plaintiff

Neil O’Reilly

Plaintiff

Anthony Hourihan

Plaintiff

Richard Nolan

Plaintiff

Philomena Nolan

Plaintiff

Lisa Shaughnessy

Plaintiff

John McKiernan

Plaintiff

Frank Feely

Plaintiff

Borg Developments

Defendant

Waterdrop (an unlimited company in liquidation formerly known as Cosgrave Homes)

Defendant

Bernard Murphy

Third Party

Procedural Posture

High Court Civil Action / Interlocutory Application to Set Aside Third Party Notice

Legal Issues

  1. 1 Whether the third-party notice served on Bernard Murphy should be set aside for delay and/or procedural irregularity
  2. 2 Whether the delay in serving the third-party notice was unreasonable under s.27(1)(b) Civil Liability Act 1961 and Order 16 RSC
  3. 3 Whether failure to state grounds of claim on the face of the third-party notice invalidates the notice

Ratio Decidendi

The delay in serving the third-party notice, though significant, was not unreasonable in the context of the case's progress, mediation, and procedural complexities, and was largely attributable to the defendants' legal advisors rather than the defendants themselves. The omission of grounds of claim from the notice did not cause prejudice as the grounds were provided in the affidavit served with the notice. Accordingly, the application to set aside the third-party notice was refused, but the defendants were disallowed the costs of preparing, issuing, and serving the third-party notice.

Court Disposition

Application to set aside third-party notice refused

Orders

  • Defendants disallowed costs of preparing, issuing, and serving the third-party notice regardless of the outcome of the action and third-party issue
  • Order as to costs made on 16th May 2011 varied accordingly