Atkins and Co. Ltd v. Wolfe [2000] IEHC 196 (28th July, 2000)

Atkins and Co. Ltd v. Wolfe [2000] IEHC 196 (28th July, 2000)

The re-amendment is necessary for justice and to determine the real issues; any prejudice to the respondents can be remedied by an adjournment and appropriate costs orders. Security for costs or immediate payment is not justified as there is no evidence the petitioners cannot pay costs.

Citation
[2000] IEHC 196
Parties
Petitioner: Martin Wolfe; Petitioner: Ruth Wolfe; Respondent: First and Second Named Respondents; Respondent: Third Named Respondent
Jurisdiction
Ireland
Procedural Posture
Notice of Motion in Petition Proceedings / Post Judgment Application to Re Amend Petition
Outcome
Application to re-amend petition granted with conditions; costs awarded to respondents as specified; no order for security for costs or immediate payment.
Legal Topics
Amendment of Pleadings, Costs, Security for Costs, Adjournment
Civil Procedure Amendment of Pleadings Costs Security for Costs Adjournment

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Parties

Martin Wolfe

Petitioner

Ruth Wolfe

Petitioner

First and Second Named Respondents

Respondent

Third Named Respondent

Respondent

Procedural Posture

Notice of Motion in Petition Proceedings / Post Judgment Application to Re Amend Petition

Legal Issues

  1. 1 Whether the petitioners should be granted leave to re-amend their petition
  2. 2 What costs order should be made consequent on the re-amendment
  3. 3 Whether security for costs or immediate payment of costs should be ordered as a condition of amendment

Ratio Decidendi

The re-amendment is necessary for justice and to determine the real issues; any prejudice to the respondents can be remedied by an adjournment and appropriate costs orders. Security for costs or immediate payment is not justified as there is no evidence the petitioners cannot pay costs.

Court Disposition

Application to re-amend petition granted with conditions; costs awarded to respondents as specified; no order for security for costs or immediate payment.

Orders

  • Petitioners permitted to deliver re-amended petition in specified form and with specified pleading structure.
  • Petitioners to indemnify respondents for extra costs and expenses reasonably incurred due to re-amendment.