Heffernan & Anor -v- Murray & Ors [2015] IEHC 196 (13 March 2015)

Heffernan & Anor -v- Murray & Ors [2015] IEHC 196 (13 March 2015)

The defendants breached their contractual obligation to provide the plaintiffs with a site and completed dwelling house. The inability to transfer the site due to Ulster Bank's charge was a consequence of the defendants' own actions and does not excuse performance. Damages in lieu of specific performance are appropriate. The Ryan siblings and Mr. Kingston are liable as partners; the deed of indemnity and release relied on by Mr. Kingston was not validly executed under the power of attorney. John Simpson, despite his involvement, was not a party to the contract nor a partner under the Partnership Act 1890, s.14, and is not liable. The plaintiffs' nondisclosure of the Ulster Bank settlement...

Citation
[2015] IEHC 196
Parties
Plaintiff: Michael Heffernan; Plaintiff: Linda Heffernan; Defendant: Patrick Murray; Defendant: Shane Treacy; Defendant: Barry Harte; Defendant: Tony Garvin; Defendant: Brian Smith; Defendant: Tom Kingston; Defendant: John Gaffney; Defendant: Paul O’Rourke; Defendant: Louise Ryan; Defendant: Philip Ryan; Defendant: Thomas Ryan; Defendant: George Murphy t/a Ballykisteen Developments Partnership; Defendant: John Simpson
Jurisdiction
Ireland
Judgment Date
13 March 2015
Procedural Posture
Civil Contract / Specific Performance / Damages / High Court Judgment After Full Trial
Outcome
Judgment for the plaintiffs against all defendants except John Simpson; damages awarded in lieu of specific performance.
Legal Topics
Specific Performance, Damages in Lieu of Specific Performance, Partnership Liability, Clean Hands Doctrine, Power of Attorney, Frustration of Contract
Contract Law Equity Property Law Partnership Law Specific Performance Damages in Lieu of Specific Performance Partnership Liability Clean Hands Doctrine +2 more

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Parties

Michael Heffernan

Plaintiff

Linda Heffernan

Plaintiff

Patrick Murray

Defendant

Shane Treacy

Defendant

Barry Harte

Defendant

Tony Garvin

Defendant

Brian Smith

Defendant

Tom Kingston

Defendant

John Gaffney

Defendant

Paul O’Rourke

Defendant

Louise Ryan

Defendant

Philip Ryan

Defendant

Thomas Ryan

Defendant

George Murphy t/a Ballykisteen Developments Partnership

Defendant

John Simpson

Defendant

Procedural Posture

Civil Contract / Specific Performance / Damages / High Court Judgment After Full Trial

Legal Issues

  1. 1 Whether the defendants are liable to provide the plaintiffs with a dwelling house and garage under the contract for sale
  2. 2 Whether damages in lieu of specific performance are available
  3. 3 Whether certain defendants (including the Ryan siblings and Mr. Kingston) are liable under the contract and partnership agreement

Ratio Decidendi

The defendants breached their contractual obligation to provide the plaintiffs with a site and completed dwelling house. The inability to transfer the site due to Ulster Bank's charge was a consequence of the defendants' own actions and does not excuse performance. Damages in lieu of specific performance are appropriate. The Ryan siblings and Mr. Kingston are liable as partners; the deed of indemnity and release relied on by Mr. Kingston was not validly executed under the power of attorney. John Simpson, despite his involvement, was not a party to the contract nor a partner under the Partnership Act 1890, s.14, and is not liable. The plaintiffs' nondisclosure of the Ulster Bank settlement...

Court Disposition

Judgment for the plaintiffs against all defendants except John Simpson; damages awarded in lieu of specific performance.

Orders

  • Defendants (excluding John Simpson) to pay damages to the plaintiffs in lieu of specific performance, quantum to be assessed based on the cost of obtaining a similar house in a similar location.
  • Claim against John Simpson dismissed.