Larkin v. Whitony Ltd. [2002] IESC 49 (19 June 2002)

Larkin v. Whitony Ltd. [2002] IESC 49 (19 June 2002)

The High Court's costs order was unjust as it did not account for the possibility that the defendants might succeed on original grounds of defence. The order should be modified so that the defendants are only liable for the plaintiff's costs up to the date of the amended defence if the action is dismissed exclusively on the amended grounds.

Citation
[2002] IESC 49
Parties
Plaintiff: Michael Larkin; Defendant: Whitony Limited; Defendant: Green Oaks Investments Company; Defendant: Whiturius Limited; Defendant: Peter Whyte; Defendant: Myles Crofton; Defendant: Peter Blake
Jurisdiction
Ireland
Judgment Date
19 June 2002
Procedural Posture
Appeal / Appeal Against High Court Costs Order on Amendment of Defence
Outcome
Appeal allowed in part; High Court costs order set aside and replaced with a conditional costs order as specified.
Legal Topics
Costs Orders, Amendment of Defence, Specific Performance, Tender and Lodgment
Civil Procedure Contract Law Costs Orders Amendment of Defence Specific Performance Tender and Lodgment

Case Brief

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Parties

Michael Larkin

Plaintiff

Whitony Limited

Defendant

Green Oaks Investments Company

Defendant

Whiturius Limited

Defendant

Peter Whyte

Defendant

Myles Crofton

Defendant

Peter Blake

Defendant

Procedural Posture

Appeal / Appeal Against High Court Costs Order on Amendment of Defence

Legal Issues

  1. 1 Whether the High Court was correct in ordering the defendants to pay all plaintiff's costs to date as a condition for amending their defence
  2. 2 Whether the costs order was just in light of the circumstances of the amendment and the nature of the defence

Ratio Decidendi

The High Court's costs order was unjust as it did not account for the possibility that the defendants might succeed on original grounds of defence. The order should be modified so that the defendants are only liable for the plaintiff's costs up to the date of the amended defence if the action is dismissed exclusively on the amended grounds.

Court Disposition

Appeal allowed in part; High Court costs order set aside and replaced with a conditional costs order as specified.

Orders

  • Order that if the action is dismissed exclusively on grounds arising from the amendments to the Defence, the first, fourth and fifth-named defendants will be liable to pay the plaintiff all costs up to the date of delivery of the amended Defence, excluding the costs of the motion subject to this appeal.
  • Any dispute as to whether the action was dismissed exclusively on the amended Defence grounds to be determined by the High Court.