Wolfe v. Wolfe [2000] IEHC 156; [2001] 1 ILRM 389 (28th July, 2000)

Wolfe v. Wolfe [2000] IEHC 156; [2001] 1 ILRM 389 (28th July, 2000)

The re-amendment is necessary for justice and to determine the real questions in controversy; costs awarded to respondents must cover counsel fees, witness expenses, solicitor charges, and other costs solely related to preparation for the adjourned trial, but no security for costs or immediate payment is required as a condition for amendment.

Citation
[2000] IEHC 156
Parties
Petitioner: Martin Wolfe; Petitioner: Ruth Wolfe; Respondent: First and Second Named Respondents; Respondent: Third Named Respondent
Jurisdiction
Ireland
Procedural Posture
Petition / Post Judgment Motion to Re Amend Pleadings
Outcome
Application to re-amend petition granted with conditions.
Legal Topics
Amendment of Pleadings, Costs, Security for Costs
Civil Procedure Amendment of Pleadings Costs Security for Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Martin Wolfe

Petitioner

Ruth Wolfe

Petitioner

First and Second Named Respondents

Respondent

Third Named Respondent

Respondent

Procedural Posture

Petition / Post Judgment Motion to Re Amend Pleadings

Legal Issues

  1. 1 Whether the petitioners should be permitted to re-amend their petition
  2. 2 Appropriate order for costs consequent upon re-amendment
  3. 3 Whether security for costs or immediate payment should be ordered as a condition

Ratio Decidendi

The re-amendment is necessary for justice and to determine the real questions in controversy; costs awarded to respondents must cover counsel fees, witness expenses, solicitor charges, and other costs solely related to preparation for the adjourned trial, but no security for costs or immediate payment is required as a condition for amendment.

Court Disposition

Application to re-amend petition granted with conditions.

Orders

  • Petitioners permitted to deliver re-amended petition per specified directions.
  • Respondents awarded costs on party and party basis limited to specified items.