Killerk Ltd -v- Shane Houlihan [2009] IEHC 358 (16 July 2009)

Killerk Ltd -v- Shane Houlihan [2009] IEHC 358 (16 July 2009)

The plaintiff is entitled to judgment for the contractual sum as the architect's certificate of practical completion was issued and is binding. The contract does not exclude the right of set-off, so the defendant's cross-claim arising from the same contract entitles him to an equitable set-off, to be determined by...

Source-derived case information.

Citation
[2009] IEHC 358
Parties
Plaintiff: Killerk Limited; Defendant: Shane Houlihan
Jurisdiction
Ireland
Judgment Date
16 July 2009
Procedural Posture
Commercial Summary Judgment and Stay Application / High Court Judgment on Summary Judgment and Stay Pending Arbitration
Outcome
Judgment for the plaintiff with partial stay on execution and registration pending arbitration of the defendant's cross-claim.
Legal Topics
Summary Judgment, Arbitration Clause Enforcement, Equitable Set Off, Architect's Certificate, Cross Claim, Stay of Execution
Contract Law Arbitration Construction Law Summary Judgment Arbitration Clause Enforcement Equitable Set Off Architect's Certificate Cross Claim +1 more

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Parties

Killerk Limited

Plaintiff

Shane Houlihan

Defendant

Procedural Posture

Commercial Summary Judgment and Stay Application / High Court Judgment on Summary Judgment and Stay Pending Arbitration

Legal Issues

  1. 1 Whether the plaintiff is entitled to summary judgment for the final payment under a construction contract despite the defendant's cross-claim
  2. 2 Whether the proceedings should be stayed and referred to arbitration under the contract's arbitration clause
  3. 3 Whether the defendant is entitled to an equitable set-off against the plaintiff's claim

Ratio Decidendi

The plaintiff is entitled to judgment for the contractual sum as the architect's certificate of practical completion was issued and is binding. The contract does not exclude the right of set-off, so the defendant's cross-claim arising from the same contract entitles him to an equitable set-off, to be determined by arbitration. Judgment is entered for the plaintiff, but execution and registration are stayed in respect of the amount corresponding to the defendant's actual expenditure on remedial works pending arbitration.

Court Disposition

Judgment for the plaintiff with partial stay on execution and registration pending arbitration of the defendant's cross-claim.

Orders

  • Judgment entered for €1,475,580 in favour of the plaintiff.
  • Stay on execution and registration in respect of €244,116 pending arbitration outcome.