Creedon Construction Ltd -v- Kenny & Anor [2014] IEHC 188 (01 April 2014)

Creedon Construction Ltd -v- Kenny & Anor [2014] IEHC 188 (01 April 2014)

The defendants have established a prima facie defence by way of equitable set-off arising from the same building contract, and there is no evidence that the contract displaces this right; therefore, summary judgment is not appropriate and the matter should proceed to plenary hearing.

Citation
[2014] IEHC 188
Parties
Plaintiff: Creedon Construction Limited; Defendant: Alan Kenny; Defendant: Emma Claire Mullally
Jurisdiction
Ireland
Judgment Date
01 April 2014
Procedural Posture
Summary Judgment Application / Application for Summary Judgment; Decision on Whether to Grant or Refer to Plenary Hearing
Outcome
Application for summary judgment refused; matter to proceed to plenary hearing.
Legal Topics
Summary Judgment, Set Off, Building Contract, Arbitration Clause, Counterclaim
Contract Law Construction Law Civil Procedure Summary Judgment Set Off Building Contract Arbitration Clause Counterclaim

Case Brief

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Parties

Creedon Construction Limited

Plaintiff

Alan Kenny

Defendant

Emma Claire Mullally

Defendant

Procedural Posture

Summary Judgment Application / Application for Summary Judgment; Decision on Whether to Grant or Refer to Plenary Hearing

Legal Issues

  1. 1 Whether the plaintiff is entitled to summary judgment for unpaid sums under a building contract
  2. 2 Whether the defendants have established a prima facie defence by way of set-off or cross-claim
  3. 3 Whether the dispute should be determined by summary judgment or referred to plenary hearing

Ratio Decidendi

The defendants have established a prima facie defence by way of equitable set-off arising from the same building contract, and there is no evidence that the contract displaces this right; therefore, summary judgment is not appropriate and the matter should proceed to plenary hearing.

Court Disposition

Application for summary judgment refused; matter to proceed to plenary hearing.