Pepper Finance Corporation (IRELAND) DAC v Persons Unknown In Occupation Of The Property Known as 21 Little Mary Street, Dublin 7 & Anor (Approved) [2022] IECA 240 (24 October 2022)

Pepper Finance Corporation (IRELAND) DAC v Persons Unknown In Occupation Of The Property Known as 21 Little Mary Street, Dublin 7 & Anor (Approved) [2022] IECA 240 (24 October 2022)

Appellants were entirely successful in overturning invalid attachment and committal orders; costs follow the event and must be awarded to them. No basis for reserving or staying costs exists, as the event was determined by the appeal and the interlocutory orders were not validly made.

Citation
[2022] IECA 240
Parties
Plaintiff/respondent: Pepper Finance Corporation (IRELAND) DAC; Defendants/appellants: Persons Unknown In Occupation Of The Property Known as 21 Little Mary Street, Dublin 7; Defendants/appellants: Persons Unknown In Occupation Of The Property Known as 31 Richmond Avenue, Fairview, Dublin 3
Jurisdiction
Ireland
Judgment Date
24 October 2022
Procedural Posture
Civil Appeal / Costs Judgment Following Successful Appeal
Outcome
Appeal refused; costs awarded to appellants
Legal Topics
Costs, Attachment and Committal, Coercive Jurisdiction, Interlocutory Applications
Civil Procedure Contempt of Court Costs Attachment and Committal Coercive Jurisdiction Interlocutory Applications

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 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Pepper Finance Corporation (IRELAND) DAC

Plaintiff/respondent

Persons Unknown In Occupation Of The Property Known as 21 Little Mary Street, Dublin 7

Defendants/appellants

Persons Unknown In Occupation Of The Property Known as 31 Richmond Avenue, Fairview, Dublin 3

Defendants/appellants

Procedural Posture

Civil Appeal / Costs Judgment Following Successful Appeal

Legal Issues

  1. 1 Entitlement to costs following successful appeal against attachment and committal orders
  2. 2 Appropriateness of reserving or staying costs pending substantive proceedings
  3. 3 Application of statutory and procedural rules on costs in interlocutory applications

Ratio Decidendi

Appellants were entirely successful in overturning invalid attachment and committal orders; costs follow the event and must be awarded to them. No basis for reserving or staying costs exists, as the event was determined by the appeal and the interlocutory orders were not validly made.

Court Disposition

Appeal refused; costs awarded to appellants

Orders

  • Appellants entitled to costs of and incidental to the appeal
  • Appellants entitled to all costs in respect of motions before the High Court