Jodifern Ltd. v. Fitzgerald [1999] IEHC 19 (28th July, 1999)

Jodifern Ltd. v. Fitzgerald [1999] IEHC 19 (28th July, 1999)

There was no concluded contract between the parties as all correspondence was expressly subject to contract, and no sufficient note or memorandum existed to satisfy the Statute of Frauds. The pro forma agreements never came into force as both solicitors did not agree to activate them. No acts of part performance...

Source-derived case information.

Citation
[1999] IEHC 19
Parties
Plaintiff: Jodifern Limited; Defendant: Patrick G Fitzgerald; Defendant: Margaret Fitzgerald
Jurisdiction
Ireland
Procedural Posture
Motion to Strike Out Proceedings / High Court Judgment on Application to Strike Out
Outcome
Plaintiff's proceedings struck out
Legal Topics
Specific Performance, Strike Out Application, Statute of Frauds, Subject to Contract, Part Performance
Contract Law Civil Procedure Specific Performance Strike Out Application Statute of Frauds Subject to Contract Part Performance

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jodifern Limited

Plaintiff

Patrick G Fitzgerald

Defendant

Margaret Fitzgerald

Defendant

Procedural Posture

Motion to Strike Out Proceedings / High Court Judgment on Application to Strike Out

Legal Issues

  1. 1 Whether the proceedings should be struck out for disclosing no reasonable cause of action or as an abuse of process
  2. 2 Whether there was a concluded contract for the sale of land between the parties
  3. 3 Whether the Statute of Frauds was satisfied

Ratio Decidendi

There was no concluded contract between the parties as all correspondence was expressly subject to contract, and no sufficient note or memorandum existed to satisfy the Statute of Frauds. The pro forma agreements never came into force as both solicitors did not agree to activate them. No acts of part performance were established. Therefore, the Plaintiff's claim could not succeed and the proceedings should be struck out.

Court Disposition

Plaintiff's proceedings struck out

Orders

  • Proceedings struck out