Minihane v Skellig Fish Ltd (Unapproved) [2022] IECA 68 (22 March 2022)

Minihane v Skellig Fish Ltd (Unapproved) [2022] IECA 68 (22 March 2022)

The High Court's order directing costs to be costs in the cause was within the range of orders reasonably open to it, and no error of principle or injustice was established by the defendant. The appellate court will not interfere with such discretion in interlocutory matters unless clearly warranted.

Citation
[2022] IECA 68
Parties
Plaintiff/respondent: Cornelius Minihane; Defendant/appellant: Skellig Fish Limited
Jurisdiction
Ireland
Judgment Date
22 March 2022
Procedural Posture
Civil Appeal / Appeal From Interlocutory Injunction Order (costs Only)
Outcome
appeal dismissed
Legal Topics
Interlocutory Injunctions, Costs, Specific Performance, Contract Enforcement
Civil Procedure Contract Law Interlocutory Injunctions Costs Specific Performance Contract Enforcement

Case Brief

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Parties

Cornelius Minihane

Plaintiff/respondent

Skellig Fish Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Interlocutory Injunction Order (costs Only)

Legal Issues

  1. 1 Whether the High Court erred in awarding costs in the cause following the grant of an interlocutory injunction
  2. 2 Whether the appellate court should interfere with the High Court's discretion on costs in interlocutory matters

Ratio Decidendi

The High Court's order directing costs to be costs in the cause was within the range of orders reasonably open to it, and no error of principle or injustice was established by the defendant. The appellate court will not interfere with such discretion in interlocutory matters unless clearly warranted.

Court Disposition

appeal dismissed

Orders

  • Costs of the appeal awarded to the plaintiff/respondent unless the defendant applies for a different order within 14 days.