Greenwich Project Holdings Ltd v Cronin (Approved) [2021] IEHC 145 (03 March 2021)

Greenwich Project Holdings Ltd v Cronin (Approved) [2021] IEHC 145 (03 March 2021)

The application to re-open the judgment was refused because the new correspondence merely confirmed the court's existing findings that the plaintiff was aware of the issues in 2014 but failed to act on them until 2020. The material would not have influenced the outcome, and the plaintiff did not meet the threshold for re-opening the judgment under the principles in Re McInerney Homes Ltd.

Citation
[2021] IEHC 145
Parties
Plaintiff: Greenwich Project Holdings Limited; Defendant: Con Cronin
Jurisdiction
Ireland
Judgment Date
03 March 2021
Procedural Posture
Civil / Post Judgment Application to Re Open Judgment
Outcome
application refused; proceedings struck out; costs awarded to defendant; stay on order for four weeks
Legal Topics
Application to Re Open Judgment, Introduction of New Evidence, Costs, Delay in Litigation
Civil Procedure Application to Re Open Judgment Introduction of New Evidence Costs Delay in Litigation

Case Brief

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Parties

Greenwich Project Holdings Limited

Plaintiff

Con Cronin

Defendant

Procedural Posture

Civil / Post Judgment Application to Re Open Judgment

Legal Issues

  1. 1 Whether the judgment should be revisited in light of correspondence not previously opened to the court
  2. 2 Whether the new material would have an important influence on the result of the case
  3. 3 Whether the plaintiff acted with reasonable diligence in presenting evidence

Ratio Decidendi

The application to re-open the judgment was refused because the new correspondence merely confirmed the court's existing findings that the plaintiff was aware of the issues in 2014 but failed to act on them until 2020. The material would not have influenced the outcome, and the plaintiff did not meet the threshold for re-opening the judgment under the principles in Re McInerney Homes Ltd.

Court Disposition

application refused; proceedings struck out; costs awarded to defendant; stay on order for four weeks

Orders

  • Application to re-open judgment refused
  • Proceedings struck out