O'Donovan v Over-C Technology Ltd & anor (Approved) [2020] IEHC 327 (03 July 2020)

O'Donovan v Over-C Technology Ltd & anor (Approved) [2020] IEHC 327 (03 July 2020)

The plaintiff was successful in obtaining an interlocutory injunction and is entitled to his costs of the application as costs in the cause; no special urgency or grounds for early trial directions were established; no stay is granted as no arguable ground of appeal was identified and the balance of convenience favours the plaintiff.

Citation
[2020] IEHC 327
Parties
Plaintiff: Donal O'Donovan; Defendant: Over-C Technology Limited; Defendant: Over-C Limited
Jurisdiction
Ireland
Judgment Date
03 July 2020
Procedural Posture
Interlocutory Injunction Application in Employment Dispute / Post Judgment Ruling on Terms of Order, Directions, Costs, and Stay Pending Appeal
Outcome
Plaintiff's costs of the interlocutory injunction application to be costs in the cause; interlocutory injunction granted per previous judgment; no directions for early trial; no stay pending appeal.
Legal Topics
Interlocutory Injunctions, Wrongful Dismissal, Employment Contracts, Costs, Case Management, Stays Pending Appeal
Employment Law Civil Procedure Interlocutory Injunctions Wrongful Dismissal Employment Contracts Costs Case Management Stays Pending Appeal

Case Brief

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Parties

Donal O'Donovan

Plaintiff

Over-C Technology Limited

Defendant

Over-C Limited

Defendant

Procedural Posture

Interlocutory Injunction Application in Employment Dispute / Post Judgment Ruling on Terms of Order, Directions, Costs, and Stay Pending Appeal

Legal Issues

  1. 1 Whether the interlocutory order should specify a liquidated sum or period for payment
  2. 2 Whether directions for an early trial should be given
  3. 3 How costs of the interlocutory application should be determined

Ratio Decidendi

The plaintiff was successful in obtaining an interlocutory injunction and is entitled to his costs of the application as costs in the cause; no special urgency or grounds for early trial directions were established; no stay is granted as no arguable ground of appeal was identified and the balance of convenience favours the plaintiff.

Court Disposition

Plaintiff's costs of the interlocutory injunction application to be costs in the cause; interlocutory injunction granted per previous judgment; no directions for early trial; no stay pending appeal.

Orders

  • Interlocutory injunction granted in terms of paragraph 67 of the judgment [2020] IEHC 291.
  • Plaintiff's costs of the interlocutory injunction application to be costs in the cause.