Minister for Communications, Energy & Natural Resources & Anor v Wymes (Unapproved) [2020] IECA 274 (06 October 2020)

Minister for Communications, Energy & Natural Resources & Anor v Wymes (Unapproved) [2020] IECA 274 (06 October 2020)

The respondents were entirely successful in the appeal and there were no unique or extraordinary circumstances justifying a departure from the general rule that costs follow the event. The appellant's arguments were attempts to re-litigate matters already determined. No basis was found for a stay on the costs order, as any costs would be paid from the bankruptcy estate and not immediately recoverable.

Citation
[2020] IECA 274
Parties
Petitioner/respondent: Minister for Communications, Energy and Natural Resources; Petitioner/respondent: Michael O’Connell; Respondent/appellant: Michael Wymes
Jurisdiction
Ireland
Judgment Date
06 October 2020
Procedural Posture
Appeal / Post Judgment Costs Ruling
Outcome
Respondents awarded costs with no stay thereon.
Legal Topics
Costs, Appeals, Bankruptcy Adjudication
Bankruptcy Civil Procedure Costs Appeals Bankruptcy Adjudication

Case Brief

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Parties

Minister for Communications, Energy and Natural Resources

Petitioner/respondent

Michael O’Connell

Petitioner/respondent

Michael Wymes

Respondent/appellant

Procedural Posture

Appeal / Post Judgment Costs Ruling

Legal Issues

  1. 1 Whether costs should be awarded to the respondents following dismissal of the appeal
  2. 2 Whether there are unique or extraordinary circumstances justifying no order as to costs
  3. 3 Whether a stay should be placed on the costs order pending a potential Supreme Court appeal

Ratio Decidendi

The respondents were entirely successful in the appeal and there were no unique or extraordinary circumstances justifying a departure from the general rule that costs follow the event. The appellant's arguments were attempts to re-litigate matters already determined. No basis was found for a stay on the costs order, as any costs would be paid from the bankruptcy estate and not immediately recoverable.

Court Disposition

Respondents awarded costs with no stay thereon.

Orders

  • Respondents awarded costs of the appeal with no stay.