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 petitioners are granted leave to re-amend the petition as the amendments are necessary to determine the real issues in controversy. The respondents are entitled to costs on a party and party basis for work rendered nugatory by the adjournment, but there is no evidence justifying an order for security for costs or immediate payment as a condition of amendment.

Citation
[2001] 1 ILRM 389
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; no order for security for costs or immediate payment as condition.
Legal Topics
Amendment of Pleadings, Costs, Security for Costs, Adjournment, Rules of the Superior Courts
Civil Procedure Amendment of Pleadings Costs Security for Costs Adjournment Rules of the Superior Courts

Case Brief

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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 the amended petition
  2. 2 What terms as to costs and conditions should attach to 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 petitioners are granted leave to re-amend the petition as the amendments are necessary to determine the real issues in controversy. The respondents are entitled to costs on a party and party basis for work rendered nugatory by the adjournment, but there is no evidence justifying an order for security for costs or immediate payment as a condition of amendment.

Court Disposition

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

Orders

  • Petitioners permitted to deliver re-amended petition subject to specified pleading directions.
  • Respondents awarded costs on a party and party basis for work rendered nugatory by adjournment, including counsels' fees, witnesses' expenses, solicitors' charges, and costs of motions and judgments.