Carey v Sweeney T/A Sweeney Financial Services & Anor (Approved) [2021] IEHC 751 (07 December 2021)

Carey v Sweeney T/A Sweeney Financial Services & Anor (Approved) [2021] IEHC 751 (07 December 2021)

Plaintiff is entitled to recover two-thirds of the costs of the motion to amend, as the second named defendant's opposition was unreasonable and resulted in unnecessary expense and delay.

Source-derived case information.

Citation
[2021] IEHC 751
Parties
Plaintiff: Donal Carey; First Defendant: Paul Sweeney (trading as Paul Sweeney Financial Services); Second Defendant: Cantor Fitzgerald Ireland Limited
Jurisdiction
Ireland
Judgment Date
07 December 2021
Procedural Posture
Civil / Post Interlocutory Application, Costs Determination
Outcome
Plaintiff entitled to two-thirds of costs of motion to amend; stay placed on execution of costs order pending determination of proceedings.
Legal Topics
Amendment of Pleadings, Costs Allocation, Interlocutory Applications
Civil Procedure Amendment of Pleadings Costs Allocation Interlocutory Applications

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Parties

Donal Carey

Plaintiff

Paul Sweeney (trading as Paul Sweeney Financial Services)

First Defendant

Cantor Fitzgerald Ireland Limited

Second Defendant

Procedural Posture

Civil / Post Interlocutory Application, Costs Determination

Legal Issues

  1. 1 allocation of costs for contested application to amend pleadings
  2. 2 timetable for delivery of amended defence

Ratio Decidendi

Plaintiff is entitled to recover two-thirds of the costs of the motion to amend, as the second named defendant's opposition was unreasonable and resulted in unnecessary expense and delay.

Court Disposition

Plaintiff entitled to two-thirds of costs of motion to amend; stay placed on execution of costs order pending determination of proceedings.

Orders

  • Plaintiff to recover two-thirds of costs of motion to amend.
  • Plaintiff to recover costs of written submissions dated 29 November 2021.