Joyce & Ors -v- O'Shea [2009] IEHC 415 (31 July 2009)

Joyce & Ors -v- O'Shea [2009] IEHC 415 (31 July 2009)

Damages are to be assessed as the difference between the contract price and the value of the land at the date of the application to dissolve the decree of specific performance, less any deposit forfeited.

Citation
[2009] IEHC 415
Parties
Plaintiff: Paul Joyce; Plaintiff: Liam Larkin; Plaintiff: Susan Joyce; Defendant: Declan O'Shea
Jurisdiction
Ireland
Judgment Date
31 July 2009
Procedural Posture
Plenary Summons / Assessment of Damages in Lieu of Specific Performance
Outcome
Judgment for plaintiffs for damages in lieu of specific performance.
Legal Topics
Specific Performance, Damages for Breach of Contract, Assessment of Damages, Sale of Land
Contract Law Property Law Specific Performance Damages for Breach of Contract Assessment of Damages Sale of Land

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Parties

Paul Joyce

Plaintiff

Liam Larkin

Plaintiff

Susan Joyce

Plaintiff

Declan O'Shea

Defendant

Procedural Posture

Plenary Summons / Assessment of Damages in Lieu of Specific Performance

Legal Issues

  1. 1 Measure of damages for breach of contract for sale of land
  2. 2 Appropriate date for assessment of damages
  3. 3 Entitlement to damages in lieu of specific performance

Ratio Decidendi

Damages are to be assessed as the difference between the contract price and the value of the land at the date of the application to dissolve the decree of specific performance, less any deposit forfeited.

Court Disposition

Judgment for plaintiffs for damages in lieu of specific performance.

Orders

  • Judgment for €10,095,056.00 in damages in lieu of specific performance for non-completion of Contract Number 2.
  • Judgment for €585,237.11 for interest for delay in completion of Contract Number 2 stands.