Murnaghan v. Markland Holdings Ltd. & Anor [2004] IEHC 406 (20 December 2004)

Murnaghan v. Markland Holdings Ltd. & Anor [2004] IEHC 406 (20 December 2004)

The Calderbank offer was too late and lacked certainty regarding costs, making it inapplicable to penalise the plaintiff for non-acceptance. The plaintiff's unreasonable conduct did not amount to abuse of process. Costs are allocated with exceptions for specific applications, adjournments, and preparation of Bill of Quantities.

Citation
[2004] IEHC 406
Parties
Plaintiff: Denis Murnaghan; First Defendant: Markland Holdings Limited; Second Defendant: Cantier Construction Limited
Jurisdiction
Ireland
Judgment Date
20 December 2004
Procedural Posture
Civil / Post Trial, Costs Determination
Outcome
Plaintiff awarded costs of the proceedings, subject to specified exceptions.
Legal Topics
Costs, Calderbank Offer, Damages, Injunctions
Civil Procedure Costs Calderbank Offer Damages Injunctions

Case Brief

Summary, issues, holding and outcome

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Parties

Denis Murnaghan

Plaintiff

Markland Holdings Limited

First Defendant

Cantier Construction Limited

Second Defendant

Procedural Posture

Civil / Post Trial, Costs Determination

Legal Issues

  1. 1 Whether the Calderbank offer should affect the award of costs
  2. 2 Whether the plaintiff is entitled to all costs given the outcome and conduct
  3. 3 Allocation of costs for interim and interlocutory injunctions

Ratio Decidendi

The Calderbank offer was too late and lacked certainty regarding costs, making it inapplicable to penalise the plaintiff for non-acceptance. The plaintiff's unreasonable conduct did not amount to abuse of process. Costs are allocated with exceptions for specific applications, adjournments, and preparation of Bill of Quantities.

Court Disposition

Plaintiff awarded costs of the proceedings, subject to specified exceptions.

Orders

  • Plaintiff not awarded reserved costs of interim injunction application.
  • Plaintiff awarded reserved costs of interlocutory injunction application.