Jack O'Toole Ltd. v. MacEoin Associates Ltd. [1986] IEHC 46 (10 February 1986)
The court held that summary judgment should not be granted if the defendant demonstrates a bona fide defence or raises a triable issue.
- Citation
- [1986] IEHC 46
- Parties
- Applicant: Jack O'Toole Ltd.; Respondent: MacEoin Associates Ltd.
- Jurisdiction
- Ireland
- Judgment Date
- 10 February 1986
- Procedural Posture
- Civil / High Court Judgment
- Outcome
- leave to defend granted
- Legal Topics
- Summary Judgment, Defence to Claim
Case Brief
Summary, issues, holding and outcome
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Parties
Jack O'Toole Ltd.
Applicant
MacEoin Associates Ltd.
Respondent
Procedural Posture
Civil / High Court Judgment
Legal Issues
- 1 Whether the defendant has a bona fide defence to the plaintiff's claim for summary judgment
Ratio Decidendi
The court held that summary judgment should not be granted if the defendant demonstrates a bona fide defence or raises a triable issue.
Court Disposition
leave to defend granted
Orders
- The respondent is granted leave to defend the proceedings.
Full Case Text
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