Bank of Ireland Mortgage Bank v Cody & Anor (Approved) [2021] IESC 50 (28 July 2021)

Bank of Ireland Mortgage Bank v Cody & Anor (Approved) [2021] IESC 50 (28 July 2021)

Given that the proceedings remain live and neither party achieved complete success, and applying the principle that costs should be in the cause where summary judgment is refused and the matter is remitted to plenary hearing, the just result is that Ms. Cody’s costs of the Circuit Appeal and the costs of the Circuit Court should be costs in the cause.

Citation
[2021] IESC 50
Parties
Plaintiff/appellant: Bank of Ireland Mortgage Bank; Defendant: Peter Cody; Defendant/respondent: Heather Cody
Jurisdiction
Ireland
Judgment Date
28 July 2021
Procedural Posture
Costs Ruling in Civil Appeal (mortgage Possession) / Post Appeal, Costs Determination After Remittal to High Court for Plenary Hearing
Outcome
Costs of the Circuit Appeal and Circuit Court to be costs in the cause.
Legal Topics
Costs, Summary Judgment, Possession Proceedings, Appeals, Remittal to Plenary Hearing
Civil Procedure Banking Law Property Law Costs Summary Judgment Possession Proceedings Appeals Remittal to Plenary Hearing

Case Brief

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Parties

Bank of Ireland Mortgage Bank

Plaintiff/appellant

Peter Cody

Defendant

Heather Cody

Defendant/respondent

Procedural Posture

Costs Ruling in Civil Appeal (mortgage Possession) / Post Appeal, Costs Determination After Remittal to High Court for Plenary Hearing

Legal Issues

  1. 1 How should costs be determined when a summary judgment application in a possession case is remitted to plenary hearing?
  2. 2 Should costs of the Circuit Appeal and Circuit Court be awarded, reserved, or made costs in the cause?

Ratio Decidendi

Given that the proceedings remain live and neither party achieved complete success, and applying the principle that costs should be in the cause where summary judgment is refused and the matter is remitted to plenary hearing, the just result is that Ms. Cody’s costs of the Circuit Appeal and the costs of the Circuit Court should be costs in the cause.

Court Disposition

Costs of the Circuit Appeal and Circuit Court to be costs in the cause.

Orders

  • Ms. Cody’s costs of the Circuit Appeal to be costs in the cause.
  • Costs of the Circuit Court to be costs in the cause.