O'Sullivan & Anor v. Eagle Star Insurance Company Ltd. [2006] IEHC 249 (10 July 2006)

O'Sullivan & Anor v. Eagle Star Insurance Company Ltd. [2006] IEHC 249 (10 July 2006)

Despite inexcusable delay by claimants, the court found that refusal to extend time would cause undue hardship to claimants, while respondent would not be prejudiced in arbitrating the indemnity issue; extension granted subject to claimants bearing costs of motion and arbitration.

Citation
[2006] IEHC 249
Parties
Claimant: Gerard O'Sullivan; Claimant: Martina O'Sullivan; Respondent: Eagle Star Insurance Company Limited
Jurisdiction
Ireland
Judgment Date
10 July 2006
Procedural Posture
Application Under Arbitration Act 1954 S.45 / Judgment on Application to Extend Time for Arbitration Referral
Outcome
Application granted
Legal Topics
Extension of Time for Arbitration, Insurance Indemnity Dispute, Policy Conditions, Undue Hardship, Prejudice From Delay
Arbitration Insurance Law Extension of Time for Arbitration Insurance Indemnity Dispute Policy Conditions Undue Hardship Prejudice From Delay

Case Brief

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Parties

Gerard O'Sullivan

Claimant

Martina O'Sullivan

Claimant

Eagle Star Insurance Company Limited

Respondent

Procedural Posture

Application Under Arbitration Act 1954 S.45 / Judgment on Application to Extend Time for Arbitration Referral

Legal Issues

  1. 1 Whether time for referring dispute to arbitration should be extended under s.45 of the Arbitration Act 1954
  2. 2 Whether delay by claimants was excusable
  3. 3 Whether respondent would be prejudiced by extension

Ratio Decidendi

Despite inexcusable delay by claimants, the court found that refusal to extend time would cause undue hardship to claimants, while respondent would not be prejudiced in arbitrating the indemnity issue; extension granted subject to claimants bearing costs of motion and arbitration.

Court Disposition

Application granted

Orders

  • Time for referring dispute to arbitration extended for one week from 10 July 2006
  • Claimants to bear costs of this motion and costs of arbitration even if successful