Dully v Athlone Town Stadium Ltd, No.5 (Approved) [2018] IEHC 704 (14 November 2018)

Dully v Athlone Town Stadium Ltd, No.5 (Approved) [2018] IEHC 704 (14 November 2018)

The defendant, as trustee, breached its duties by failing to cooperate with the club and failing to account for trust monies, causing recoverable loss to the plaintiff. The plaintiff had standing to bring the claim. The defendant's counterclaims for rent and indemnity/set-off fail as the leases were not intended to...

Source-derived case information.

Citation
[2018] IEHC 704
Parties
Plaintiff: David Dully; Defendant: Athlone Town Stadium Limited
Jurisdiction
Ireland
Judgment Date
14 November 2018
Procedural Posture
Special Summons (high Court, Ireland) / Judgment on Damages and Counterclaim
Outcome
judgment for the plaintiff; counterclaim dismissed
Legal Topics
Breach of Trust, Damages, Counterclaim, Locus Standi, Indoor Management Rule, Statute of Limitations, Constructive Trust, Costs
Trust Law Company Law Civil Procedure Breach of Trust Damages Counterclaim Locus Standi Indoor Management Rule +3 more

Source-derived case record

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 11 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

David Dully

Plaintiff

Athlone Town Stadium Limited

Defendant

Procedural Posture

Special Summons (high Court, Ireland) / Judgment on Damages and Counterclaim

Legal Issues

  1. 1 Whether the defendant breached its duties as trustee and is liable for damages to the plaintiff club
  2. 2 Whether the plaintiff had locus standi to bring the claim and impugn leases
  3. 3 Whether the defendant is entitled to counterclaim for arrears of rent and indemnity/set-off

Ratio Decidendi

The defendant, as trustee, breached its duties by failing to cooperate with the club and failing to account for trust monies, causing recoverable loss to the plaintiff. The plaintiff had standing to bring the claim. The defendant's counterclaims for rent and indemnity/set-off fail as the leases were not intended to be legally binding and the claims are otherwise precluded or statute barred.

Court Disposition

judgment for the plaintiff; counterclaim dismissed

Orders

  • Decree for the plaintiff for €160,673.05 to be held in trust for the club members (comprising €25,978.05 for alternative facilities, €121,445 VAT refund, €13,250 Telefonica payment)
  • Counterclaim and claim for indemnity/set-off dismissed in entirety