Rogerson v O'Dwyer (Approved) [2025] IEHC 70 (10 February 2025)

Rogerson v O'Dwyer (Approved) [2025] IEHC 70 (10 February 2025)

Where a plaintiff unilaterally discontinues an interlocutory injunction application without intervening event, concession, or settlement, and gains no benefit, the defendant is presumptively entitled to costs; court should not speculate as to outcome, and none of the statutory or case law factors justify reserving costs in these circumstances.

Citation
[2025] IEHC 70
Parties
Plaintiff: Frieda Rogerson; Defendant: John O'Dwyer
Jurisdiction
Ireland
Judgment Date
10 February 2025
Procedural Posture
High Court Civil Proceedings / Costs Determination Following Discontinued Interlocutory Injunction Application
Outcome
Plaintiff liable for defendant's costs of the injunction application.
Legal Topics
Costs, Interlocutory Injunctions, Discontinuance, Residential Occupation Rights
Civil Procedure Property Law Costs Interlocutory Injunctions Discontinuance Residential Occupation Rights

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 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Frieda Rogerson

Plaintiff

John O'Dwyer

Defendant

Procedural Posture

High Court Civil Proceedings / Costs Determination Following Discontinued Interlocutory Injunction Application

Legal Issues

  1. 1 Whether costs of an injunction application discontinued by the plaintiff should be reserved or awarded to the defendant

Ratio Decidendi

Where a plaintiff unilaterally discontinues an interlocutory injunction application without intervening event, concession, or settlement, and gains no benefit, the defendant is presumptively entitled to costs; court should not speculate as to outcome, and none of the statutory or case law factors justify reserving costs in these circumstances.

Court Disposition

Plaintiff liable for defendant's costs of the injunction application.

Orders

  • Plaintiff to discharge defendant's costs of the discontinued injunction application.
  • Matter listed for hearing on 20 February 2025 for submissions as to costs and case management directions.