Allied Irish Bank Plc v Griffin (Unapproved) [2020] IECA 339 (01 December 2020)

Allied Irish Bank Plc v Griffin (Unapproved) [2020] IECA 339 (01 December 2020)

The plaintiff acted reasonably in seeking summary judgment and defending the appeal; therefore, costs of the High Court and appeal are to be costs in the cause, consistent with ACC Bank v. Hanrahan.

Citation
[2020] IECA 339
Parties
Plaintiff/respondent: Allied Irish Bank Plc; Defendant/appellant: Gerard Griffin
Jurisdiction
Ireland
Judgment Date
01 December 2020
Procedural Posture
Civil Appeal / Post Appeal Costs Determination
Outcome
Costs of the High Court and appeal are costs in the cause; costs of this application to be borne by the defendant.
Legal Topics
Costs, Summary Judgment, Appeals
Civil Procedure Costs Summary Judgment Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Allied Irish Bank Plc

Plaintiff/respondent

Gerard Griffin

Defendant/appellant

Procedural Posture

Civil Appeal / Post Appeal Costs Determination

Legal Issues

  1. 1 Appropriate order for costs following appeal against summary judgment
  2. 2 Applicability of ACC Bank v. Hanrahan to costs in summary judgment appeals

Ratio Decidendi

The plaintiff acted reasonably in seeking summary judgment and defending the appeal; therefore, costs of the High Court and appeal are to be costs in the cause, consistent with ACC Bank v. Hanrahan.

Court Disposition

Costs of the High Court and appeal are costs in the cause; costs of this application to be borne by the defendant.

Orders

  • Costs of the High Court and Court of Appeal on the substantive issue will be costs in the cause.
  • Costs of the plaintiff for this application shall be borne by the defendant.