Irish Bacon Slicers Ltd -v- Weidemark Fleischwaren GMBH & Co [2014] IEHC 293 (30 May 2014)

Irish Bacon Slicers Ltd -v- Weidemark Fleischwaren GMBH & Co [2014] IEHC 293 (30 May 2014)

The Court exercised its discretion under Order 99 RSC to award costs to the plaintiff, holding that the defendant's undertaking to the Court constituted a determination of the interlocutory application, and that justice required costs to be awarded to the plaintiff, regardless of whether a formal 'event' occurred.

Citation
[2014] IEHC 293
Parties
Plaintiff: Irish Bacon Slicers Limited; Defendant: Weidemark Fleischwaren GmbH & Co
Jurisdiction
Ireland
Judgment Date
30 May 2014
Procedural Posture
Interlocutory Application for Injunction and Costs / Post Interlocutory Motion, Costs Determination
Outcome
Costs awarded to plaintiff
Legal Topics
Interlocutory Injunctions, Costs, Winding Up Petitions, Abuse of Process
Civil Procedure Company Law Interlocutory Injunctions Costs Winding Up Petitions Abuse of Process

Case Brief

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Parties

Irish Bacon Slicers Limited

Plaintiff

Weidemark Fleischwaren GmbH & Co

Defendant

Procedural Posture

Interlocutory Application for Injunction and Costs / Post Interlocutory Motion, Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded to the plaintiff following the defendant's undertaking not to present a winding up petition
  2. 2 Whether the absence of a court determination constitutes an 'event' for costs purposes under Order 99 RSC

Ratio Decidendi

The Court exercised its discretion under Order 99 RSC to award costs to the plaintiff, holding that the defendant's undertaking to the Court constituted a determination of the interlocutory application, and that justice required costs to be awarded to the plaintiff, regardless of whether a formal 'event' occurred.

Court Disposition

Costs awarded to plaintiff

Orders

  • Plaintiff awarded costs of the Notice of Motion for interlocutory injunction