Connors v Kinsella & Ors (Approved) [2021] IEHC 791 (15 December 2021)

Connors v Kinsella & Ors (Approved) [2021] IEHC 791 (15 December 2021)

The application for interlocutory relief was a discrete, stand-alone matter unrelated to the core issues to be tried at plenary hearing; the plaintiff, as administrator, should be personally liable for the costs of the unsuccessful application as the litigation was essentially hostile between beneficiaries, the estate has no assets, and the undertaking as to damages was worthless. Costs should follow the event and be awarded against the plaintiff personally, with a stay on execution until determination of the proceedings.

Citation
[2021] IEHC 791
Parties
Plaintiff: Jean Connors; First Named Defendant: Daniel Kinsella; Second Named Defendant: David Tarrant (practising under the style and title of Tarrant and Tarrant Solicitors); Third Named Defendant: Andrew Tarrant (practising under the style and title of Tarrant and Tarrant Solicitors)
Jurisdiction
Ireland
Judgment Date
15 December 2021
Procedural Posture
Interlocutory Application for Injunction and Related Costs Order in Probate/estate Litigation / Post Interlocutory Judgment, Determination of Costs and Ancillary Orders
Outcome
Costs of the interlocutory application awarded to the first named defendant against the plaintiff personally, with a stay on execution until determination of the proceedings; inquiry as to damages ordered and adjourned to trial; leave granted to amend defence; liberty to apply for directions as to discovery/progress.
Legal Topics
Costs of Interlocutory Applications, Personal Liability of Administrators for Costs, Interlocutory Injunctions, Estate Administration, Undue Influence and Duress, Balance of Convenience
Civil Procedure Probate Trusts and Estates Costs of Interlocutory Applications Personal Liability of Administrators for Costs Interlocutory Injunctions Estate Administration Undue Influence and Duress +1 more

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Parties

Jean Connors

Plaintiff

Daniel Kinsella

First Named Defendant

David Tarrant (practising under the style and title of Tarrant and Tarrant Solicitors)

Second Named Defendant

Andrew Tarrant (practising under the style and title of Tarrant and Tarrant Solicitors)

Third Named Defendant

Procedural Posture

Interlocutory Application for Injunction and Related Costs Order in Probate/estate Litigation / Post Interlocutory Judgment, Determination of Costs and Ancillary Orders

Legal Issues

  1. 1 Whether costs of the interlocutory injunction application should follow the event or be reserved/made costs in the cause
  2. 2 Whether the plaintiff, as administrator, should be personally liable for costs or indemnified from the estate
  3. 3 Whether an inquiry as to damages should be ordered on foot of the undertaking given for the interim injunction

Ratio Decidendi

The application for interlocutory relief was a discrete, stand-alone matter unrelated to the core issues to be tried at plenary hearing; the plaintiff, as administrator, should be personally liable for the costs of the unsuccessful application as the litigation was essentially hostile between beneficiaries, the estate has no assets, and the undertaking as to damages was worthless. Costs should follow the event and be awarded against the plaintiff personally, with a stay on execution until determination of the proceedings.

Court Disposition

Costs of the interlocutory application awarded to the first named defendant against the plaintiff personally, with a stay on execution until determination of the proceedings; inquiry as to damages ordered and adjourned to trial; leave granted to amend defence; liberty to apply for directions as to discovery/progress.

Orders

  • Costs of interlocutory application to first named defendant against plaintiff personally, execution stayed until trial determination
  • Inquiry as to damages on foot of undertaking, adjourned to trial