Tracey v Burton & Ors (Unapproved) [2023] IECA 130 (25 May 2023)

Tracey v Burton & Ors (Unapproved) [2023] IECA 130 (25 May 2023)

Defendants are entitled to costs as they were entirely successful and no circumstances justify departure from the default rule.

Citation
[2023] IECA 130
Parties
Plaintiff/appellant: Kevin Tracey t/a Engineering Design and Management; Defendants/respondents: Michael Burton and Anne O’Connor as personal representatives of the late Charles O’Connor and Burton & O’Connor Limited and FPQ Consulting Engineers
Jurisdiction
Ireland
Judgment Date
25 May 2023
Procedural Posture
Appeal / Costs Ruling
Outcome
Defendants entitled to costs
Legal Topics
Costs, Appeals
Civil Procedure Costs Appeals

Case Brief

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Parties

Kevin Tracey t/a Engineering Design and Management

Plaintiff/appellant

Michael Burton and Anne O’Connor as personal representatives of the late Charles O’Connor and Burton & O’Connor Limited and FPQ Consulting Engineers

Defendants/respondents

Procedural Posture

Appeal / Costs Ruling

Legal Issues

  1. 1 Entitlement to costs following dismissal of appeal

Ratio Decidendi

Defendants are entitled to costs as they were entirely successful and no circumstances justify departure from the default rule.

Court Disposition

Defendants entitled to costs

Orders

  • Defendants awarded costs of the appeal