DRM Contract Administration LTD v Proton Technologies AG (Approved) [2021] IEHC 714 (02 December 2021)

DRM Contract Administration LTD v Proton Technologies AG (Approved) [2021] IEHC 714 (02 December 2021)

Plaintiff is entitled to costs for both motions due to being entirely successful and because defendant's litigation conduct necessitated the applications; defendant's tactical disengagement and failure to communicate justified costs order against it.

Citation
[2021] IEHC 714
Parties
Plaintiff: DRM Contract Administration Limited; Defendant: Proton Technologies AG
Jurisdiction
Ireland
Judgment Date
02 December 2021
Procedural Posture
Civil / Post Interlocutory Motions, Costs Determination
Outcome
Costs awarded against defendant.
Legal Topics
Costs, Service of Process, Default Judgment, Renewal of Summons, Litigation Conduct
Civil Procedure Costs Service of Process Default Judgment Renewal of Summons Litigation Conduct

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Parties

DRM Contract Administration Limited

Plaintiff

Proton Technologies AG

Defendant

Procedural Posture

Civil / Post Interlocutory Motions, Costs Determination

Legal Issues

  1. 1 Appropriate costs order for two procedural motions: setting aside default judgment and renewal of plenary summons
  2. 2 Impact of litigation conduct on costs allocation

Ratio Decidendi

Plaintiff is entitled to costs for both motions due to being entirely successful and because defendant's litigation conduct necessitated the applications; defendant's tactical disengagement and failure to communicate justified costs order against it.

Court Disposition

Costs awarded against defendant.

Orders

  • Plaintiff to recover costs of two motions, measured in gross at €10,000 plus VAT, or to be adjudicated under Part 10 of Legal Services Regulation Act 2015 if either party objects.
  • Execution of costs order subject to stay pending final determination of proceedings.