Flynn & Anor -v- Breccia & Anor [2017] IECA 163 (25 May 2017)

Flynn & Anor -v- Breccia & Anor [2017] IECA 163 (25 May 2017)

The trial judge erred in applying Order 99 instead of Order 26, but nonetheless exercised his discretion appropriately by setting off the costs between the plaintiffs and the Receiver, making no order as to costs, which was just in all the circumstances. The appellate court affirmed the trial judge's order and dismissed the appeal.

Citation
[2017] IECA 163
Parties
Plaintiff/respondent: John Flynn; Plaintiff/respondent: Benray Limited; First Defendant: Breccia; Second Defendant/appellant: Michael McAteer
Jurisdiction
Ireland
Judgment Date
25 May 2017
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Discontinuance, Costs Orders, Professional Negligence, Conspiracy, Set Off of Costs
Civil Procedure Costs Discontinuance Costs Orders Professional Negligence Conspiracy Set Off of Costs

Case Brief

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Parties

John Flynn

Plaintiff/respondent

Benray Limited

Plaintiff/respondent

Breccia

First Defendant

Michael McAteer

Second Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in applying Order 99 instead of Order 26 of the Rules of the Superior Courts to the costs determination
  2. 2 Whether the plaintiffs were entitled to costs of negligence/breach of duty claims against the Receiver
  3. 3 Whether the Receiver was entitled to costs of conspiracy claims on a solicitor/own client basis

Ratio Decidendi

The trial judge erred in applying Order 99 instead of Order 26, but nonetheless exercised his discretion appropriately by setting off the costs between the plaintiffs and the Receiver, making no order as to costs, which was just in all the circumstances. The appellate court affirmed the trial judge's order and dismissed the appeal.

Court Disposition

appeal dismissed

Orders

  • Costs order affirmed: no order as to costs between plaintiffs and Receiver, costs set off