Fyffes Plc v Dcc Plc & Ors [2006] IEHC 32 (10 February 2006)

Fyffes Plc v Dcc Plc & Ors [2006] IEHC 32 (10 February 2006)

The court held that while the general rule is that costs follow the event, exceptional circumstances in this commercial litigation justified a limited departure. The defendants' approach to the dealing issue added complexity and duration to the case, and it was fair and just to disallow the defendants the costs of making discovery in relation to, and the hearing days taken up with, the dealing issue.

Citation
[2006] IEHC 32
Parties
Plaintiff: Fyffes plc; Defendant: DCC plc; Defendant: S & L Investments Limited; Defendant: James Flavin; Defendant: Lotus Green Limited
Jurisdiction
Ireland
Judgment Date
10 February 2006
Procedural Posture
Civil / Post Trial (costs Ruling)
Outcome
Defendants awarded costs of the proceedings except for specified portions relating to the dealing issue.
Legal Topics
Costs, Discretion of Court, Order 99 Rules of the Superior Courts, Costs Follow the Event, Exceptional Circumstances in Costs Awards
Civil Procedure Costs Discretion of Court Order 99 Rules of the Superior Courts Costs Follow the Event Exceptional Circumstances in Costs Awards

Case Brief

Summary, issues, holding and outcome

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Parties

Fyffes plc

Plaintiff

DCC plc

Defendant

S & L Investments Limited

Defendant

James Flavin

Defendant

Lotus Green Limited

Defendant

Procedural Posture

Civil / Post Trial (costs Ruling)

Legal Issues

  1. 1 Whether the general rule that costs follow the event should be displaced in light of the defendants' conduct on the dealing issue
  2. 2 Whether the defendants should be awarded full costs or have certain costs disallowed

Ratio Decidendi

The court held that while the general rule is that costs follow the event, exceptional circumstances in this commercial litigation justified a limited departure. The defendants' approach to the dealing issue added complexity and duration to the case, and it was fair and just to disallow the defendants the costs of making discovery in relation to, and the hearing days taken up with, the dealing issue.

Court Disposition

Defendants awarded costs of the proceedings except for specified portions relating to the dealing issue.

Orders

  • Defendants have the costs of the proceedings except (a) 80% of the costs of making discovery, and (b) the costs of 25 hearing days.