Eirebus Ltd -v- McConn [2015] IEHC 869 (13 February 2015)

Eirebus Ltd -v- McConn [2015] IEHC 869 (13 February 2015)

Eirebus Limited is a party to the shareholders agreement and entitled to restitution for failure of consideration, as Mr McConn did not arrange the transfer of the bus route licence. None of Mr McConn's defences are bona fide or arguable; summary judgment is appropriate.

Citation
[2015] IEHC 869
Parties
Plaintiff: Eirebus Limited; Defendant: Tony McConn
Jurisdiction
Ireland
Judgment Date
13 February 2015
Procedural Posture
Summary Judgment Application / Final Judgment
Outcome
summary judgment granted for plaintiff
Legal Topics
Summary Judgment, Shareholder Agreements, Failure of Consideration, Restitution, Procedure and Form
Contract Law Company Law Civil Procedure Summary Judgment Shareholder Agreements Failure of Consideration Restitution Procedure and Form

Case Brief

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Parties

Eirebus Limited

Plaintiff

Tony McConn

Defendant

Procedural Posture

Summary Judgment Application / Final Judgment

Legal Issues

  1. 1 Is Eirebus Limited a party to the shareholders agreement?
  2. 2 Was there a failure of consideration entitling Eirebus to restitution?
  3. 3 Are the defences advanced by Mr McConn bona fide and arguable?

Ratio Decidendi

Eirebus Limited is a party to the shareholders agreement and entitled to restitution for failure of consideration, as Mr McConn did not arrange the transfer of the bus route licence. None of Mr McConn's defences are bona fide or arguable; summary judgment is appropriate.

Court Disposition

summary judgment granted for plaintiff

Orders

  • Summary judgment in favour of Eirebus Limited for €100,000 plus interest and costs.