O'Reilly & ors -v- Logan & anor [2015] IEHC 352 (05 June 2015)
On the balance of probabilities, the agreement was as contended by the plaintiffs: they were entitled to a 20% share of the net sale proceeds of the horse, not an ownership interest per se. The agreement was amended by mutual acquiescence after the Navan race. Plaintiffs have no entitlement to prize money or progeny value.
- Citation
- [2015] IEHC 352
- Parties
- Plaintiff: Michael O'Reilly; Plaintiff: Martin O'Reilly; Plaintiff: Claudia Reiss; Defendant: Edward Joseph Logan; Defendant: Edel Logan
- Jurisdiction
- Ireland
- Judgment Date
- 05 June 2015
- Procedural Posture
- Civil Contractual Dispute / High Court Judgment
- Outcome
- Plaintiffs entitled to 20% of the net sale proceeds of the horse Tashzara; no entitlement to prize money or progeny value.
- Legal Topics
- Oral Agreements, Ownership Interests, Equitable Remedies, Horse Sale Proceeds, Industry Custom and Practice
Case Brief
Summary, issues, holding and outcome
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Parties
Michael O'Reilly
Plaintiff
Martin O'Reilly
Plaintiff
Claudia Reiss
Plaintiff
Edward Joseph Logan
Defendant
Edel Logan
Defendant
Procedural Posture
Civil Contractual Dispute / High Court Judgment
Legal Issues
- 1 Whether an enforceable agreement existed entitling plaintiffs to 20% of the sale price of the horse Tashzara
- 2 Whether the agreement was for an ownership interest or a share of sale proceeds
- 3 Whether industry custom regarding trainers' commission applied
Ratio Decidendi
On the balance of probabilities, the agreement was as contended by the plaintiffs: they were entitled to a 20% share of the net sale proceeds of the horse, not an ownership interest per se. The agreement was amended by mutual acquiescence after the Navan race. Plaintiffs have no entitlement to prize money or progeny value.
Court Disposition
Plaintiffs entitled to 20% of the net sale proceeds of the horse Tashzara; no entitlement to prize money or progeny value.
Orders
- Payment to plaintiffs of their respective shares (10%, 5%, 5%) of €61,189 held on account as 20% of net sale proceeds.
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