Cororan & Anor -v- Eassda Ireland Ltd & Anor [2013] IEHC 107 (06 March 2013)

Cororan & Anor -v- Eassda Ireland Ltd & Anor [2013] IEHC 107 (06 March 2013)

The parties were bound by the written terms of the settlement agreement, which provided for the appointment of an independent architect to certify completion. The independent architect was properly appointed and certified practical completion. The plaintiffs' direct communication with the architect was in breach of the settlement. There was no breach of the settlement by the defendants. Specific performance of the settlement agreement is ordered.

Citation
[2013] IEHC 107
Parties
Plaintiff: Joseph Corcoran; Plaintiff: Katherine Corcoran; Defendant: Eassda Ireland Limited; Defendant: Alistair Jackson
Jurisdiction
Ireland
Judgment Date
06 March 2013
Procedural Posture
Plenary Summons / Application for Enforcement of Settlement Agreement
Outcome
specific performance granted
Legal Topics
Specific Performance, Settlement Agreements, Breach of Contract, Boundary Disputes, Building Contracts
Contract Law Property Law Specific Performance Settlement Agreements Breach of Contract Boundary Disputes Building Contracts

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Parties

Joseph Corcoran

Plaintiff

Katherine Corcoran

Plaintiff

Eassda Ireland Limited

Defendant

Alistair Jackson

Defendant

Procedural Posture

Plenary Summons / Application for Enforcement of Settlement Agreement

Legal Issues

  1. 1 Whether the terms of the settlement agreement dated 13th October 2009 were breached by the defendants
  2. 2 Whether the plaintiffs are entitled to specific performance of the settlement agreement
  3. 3 Whether communications with the independent architect outside the agreed process affected the enforceability of the settlement

Ratio Decidendi

The parties were bound by the written terms of the settlement agreement, which provided for the appointment of an independent architect to certify completion. The independent architect was properly appointed and certified practical completion. The plaintiffs' direct communication with the architect was in breach of the settlement. There was no breach of the settlement by the defendants. Specific performance of the settlement agreement is ordered.

Court Disposition

specific performance granted

Orders

  • Specific performance of the terms of settlement dated 13th October 2009 is ordered.