Keaney -v- O'Sullivan & ors [2017] IESC 23 (05 April 2017)

Keaney -v- O'Sullivan & ors [2017] IESC 23 (05 April 2017)

The trial judge's findings of fact were supported by credible evidence. There was no binding contract between Keaney and Sullivan, nor negligence or breach of duty. The binding contract between Keaney and Nolan was the 19 July 2000 agreement, not the March Heads of Agreement. The deed of assignment was valid, consideration was properly passed, and the deed of release barred further claims. The appeal was dismissed.

Citation
[2017] IESC 23
Parties
Plaintiff/appellant: Vincent Keaney; First Defendant/respondent: James Sullivan; Second Defendant: Joan Sullivan; Third Defendant: St. John Culligan; Fourth Defendant/respondent: Michael Nolan; Fifth Defendant: Titanic Queenstown Trading Company Limited (in liquidation); Sixth Defendant: Magpie International Holding Company Limited (in liquidation); Seventh Defendant: Titanic Queenstown Memorabilia Limited (in liquidation); Eighth Defendant: Allied Irish Banks plc; Ninth Defendant: Q. E. F. Global Limited; Tenth Defendant: Roger Duncan; Eleventh Defendant: Geoffrey Lewis; Twelfth Defendant: David Marsh; Thirteenth Defendant: Tom Moore; Fourteenth Defendant: Declan O’Luanaigh; Fifteenth Defendant: Neil Payne; Sixteenth Defendant: David Isaacson; Seventeenth Defendant: Tregan Properties Limited; Eighteenth Defendant/respondent: Julia Nolan
Jurisdiction
Ireland
Judgment Date
05 April 2017
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Breach of Contract, Deed of Assignment, Release of Liability, Consideration, Negligence, Conflict of Interest, Shareholding, Stamp Duty
Contract Law Property Law Company Law Professional Negligence Breach of Contract Deed of Assignment Release of Liability Consideration +4 more

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Parties

Vincent Keaney

Plaintiff/appellant

James Sullivan

First Defendant/respondent

Joan Sullivan

Second Defendant

St. John Culligan

Third Defendant

Michael Nolan

Fourth Defendant/respondent

Titanic Queenstown Trading Company Limited (in liquidation)

Fifth Defendant

Magpie International Holding Company Limited (in liquidation)

Sixth Defendant

Titanic Queenstown Memorabilia Limited (in liquidation)

Seventh Defendant

Allied Irish Banks plc

Eighth Defendant

Q. E. F. Global Limited

Ninth Defendant

Roger Duncan

Tenth Defendant

Geoffrey Lewis

Eleventh Defendant

David Marsh

Twelfth Defendant

Tom Moore

Thirteenth Defendant

Declan O’Luanaigh

Fourteenth Defendant

Neil Payne

Fifteenth Defendant

David Isaacson

Sixteenth Defendant

Tregan Properties Limited

Seventeenth Defendant

Julia Nolan

Eighteenth Defendant/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Was there a binding contract between Keaney and Sullivan?
  2. 2 Was there a binding contract between Keaney and Nolan, and if so, on what terms?
  3. 3 Did Sullivan owe Keaney a duty of care and breach it?

Ratio Decidendi

The trial judge's findings of fact were supported by credible evidence. There was no binding contract between Keaney and Sullivan, nor negligence or breach of duty. The binding contract between Keaney and Nolan was the 19 July 2000 agreement, not the March Heads of Agreement. The deed of assignment was valid, consideration was properly passed, and the deed of release barred further claims. The appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • All claims against the first, fourth, and eighteenth defendants dismissed.
  • No basis for overturning trial judge's findings.