Whelan v. Kavanagh [2001] IEHC 14 (29th January, 2001)

Whelan v. Kavanagh [2001] IEHC 14 (29th January, 2001)

The defendant failed to discharge the burden of proving illegality or fraud. The contract price and terms as written were upheld, and the plaintiff was entitled to specific performance and damages for delay, as the evidence supporting the defendant's version was unreliable and contradicted by documentary and credible witness evidence.

Citation
[2001] IEHC 14
Parties
Plaintiff: Peter Whelan; Defendant: Joseph Christopher Kavanagh
Jurisdiction
Ireland
Procedural Posture
Specific Performance Suit / Appeal From Circuit Court
Outcome
Order of specific performance affirmed with additional damages and costs awarded to plaintiff.
Legal Topics
Specific Performance, Sale of Land, Contract Formation, Illegality in Contracts, Parol Evidence Rule
Contract Law Property Law Specific Performance Sale of Land Contract Formation Illegality in Contracts Parol Evidence Rule

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Peter Whelan

Plaintiff

Joseph Christopher Kavanagh

Defendant

Procedural Posture

Specific Performance Suit / Appeal From Circuit Court

Legal Issues

  1. 1 Whether the contract for sale reflected the true purchase price and terms agreed between the parties
  2. 2 Whether the defence of illegality and fraud could be sustained to defeat specific performance
  3. 3 Whether the deposit and balance of purchase price were paid as alleged

Ratio Decidendi

The defendant failed to discharge the burden of proving illegality or fraud. The contract price and terms as written were upheld, and the plaintiff was entitled to specific performance and damages for delay, as the evidence supporting the defendant's version was unreliable and contradicted by documentary and credible witness evidence.

Court Disposition

Order of specific performance affirmed with additional damages and costs awarded to plaintiff.

Orders

  • Specific performance of the contract for sale of 39 Annesley Avenue, East Wall, Dublin 3.
  • Damages to plaintiff at £90 per week from 1 August 1997 to 31 July 1999, and £115 per week thereafter until possession, less interest at 18% per annum on £11,500 from 1 August 1997 to date of possession.