Pepper Finance Corporation (Ireland) DAC v Moloney (Approved) [2023] IECA 8 (20 January 2023)

Pepper Finance Corporation (Ireland) DAC v Moloney (Approved) [2023] IECA 8 (20 January 2023)

The appellant was entirely successful on the interlocutory motion, and there was no evidence of any agreement to reserve costs or any circumstance justifying a departure from the general rule that costs follow the event. The Power of Attorney between the respondent and Neil Maloney does not affect the court's discretion on costs. Therefore, costs of the motion are awarded against Neil Maloney.

Citation
[2023] IECA 8
Parties
Plaintiff/appellant: Pepper Finance Corporation (Ireland) DAC; Defendant/respondent: Oliver Moloney; Applicant (non Party to Appeal, Motion Applicant): Neil Maloney
Jurisdiction
Ireland
Judgment Date
20 January 2023
Procedural Posture
Interlocutory Motion in Appeal / Costs Ruling After Refusal of Motion
Outcome
Costs of the motion awarded to the appellant against Neil Maloney.
Legal Topics
Costs, Representation, Power of Attorney, Court Discretion
Civil Procedure Costs Representation Power of Attorney Court Discretion

Case Brief

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Parties

Pepper Finance Corporation (Ireland) DAC

Plaintiff/appellant

Oliver Moloney

Defendant/respondent

Neil Maloney

Applicant (non Party to Appeal, Motion Applicant)

Procedural Posture

Interlocutory Motion in Appeal / Costs Ruling After Refusal of Motion

Legal Issues

  1. 1 Whether costs of the interlocutory motion should be awarded against Neil Maloney after refusal of his application to appear for the respondent.
  2. 2 Whether any agreement or indemnity affects the allocation of costs.

Ratio Decidendi

The appellant was entirely successful on the interlocutory motion, and there was no evidence of any agreement to reserve costs or any circumstance justifying a departure from the general rule that costs follow the event. The Power of Attorney between the respondent and Neil Maloney does not affect the court's discretion on costs. Therefore, costs of the motion are awarded against Neil Maloney.

Court Disposition

Costs of the motion awarded to the appellant against Neil Maloney.

Orders

  • Appellant awarded costs of the motion against Neil Maloney, including costs of preparing the submission on costs, to be adjudicated by a legal costs adjudicator in default of agreement.