O'Sullivan & Ors -v- Mount Juliet Properties & Ors [2012] IEHC 269 (03 July 2012)

O'Sullivan & Ors -v- Mount Juliet Properties & Ors [2012] IEHC 269 (03 July 2012)

The court held that, although there were delays exceeding the time limits in the rules, Mount Juliet was entitled to await clear expert advice before joining HRA. The court found that the delays were not so unreasonable as to warrant setting aside the third party notices, especially as the court had granted extensions of time and the overriding objective was to have all related matters dealt with in the same proceedings.

Citation
[2012] IEHC 269
Parties
Plaintiff: John O'Sullivan; Plaintiff: Brenda O'Keeffe; Plaintiff: John Enright; Plaintiff: Mary Enright; Defendant: Mount Juliet Properties Limited; Defendant: Campbell Conroy Hickey Partnership Architects; Defendant: McCarrick Woods trading as McCarrick Woods Consulting Engineers; Third Party: Melcarne Developments Limited trading as Walsh Brothers; Third Party / Applicant: Hendrick Ryan and Associates Limited (HRA)
Jurisdiction
Ireland
Judgment Date
03 July 2012
Procedural Posture
Civil / Interlocutory Motion to Strike Out Third Party Notice
Outcome
Applications to strike out third party notices refused
Legal Topics
Third Party Procedure, Delay in Proceedings, Contribution and Indemnity, Defective Construction
Civil Procedure Construction Law Third Party Procedure Delay in Proceedings Contribution and Indemnity Defective Construction

Case Brief

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Parties

John O'Sullivan

Plaintiff

Brenda O'Keeffe

Plaintiff

John Enright

Plaintiff

Mary Enright

Plaintiff

Mount Juliet Properties Limited

Defendant

Campbell Conroy Hickey Partnership Architects

Defendant

McCarrick Woods trading as McCarrick Woods Consulting Engineers

Defendant

Melcarne Developments Limited trading as Walsh Brothers

Third Party

Hendrick Ryan and Associates Limited (HRA)

Third Party / Applicant

Procedural Posture

Civil / Interlocutory Motion to Strike Out Third Party Notice

Legal Issues

  1. 1 Whether the third party notices served on HRA should be set aside due to delay in application and service by Mount Juliet Properties Limited.

Ratio Decidendi

The court held that, although there were delays exceeding the time limits in the rules, Mount Juliet was entitled to await clear expert advice before joining HRA. The court found that the delays were not so unreasonable as to warrant setting aside the third party notices, especially as the court had granted extensions of time and the overriding objective was to have all related matters dealt with in the same proceedings.

Court Disposition

Applications to strike out third party notices refused

Orders

  • Both motions by HRA to strike out the third party notices are refused.