Quarryvale Two Ltd & Anor -v- Stephen Beere & Anor [2012] IEHC 546 (14 December 2012)

Quarryvale Two Ltd & Anor -v- Stephen Beere & Anor [2012] IEHC 546 (14 December 2012)

The High Court held that additional liquidated claims arising after the issue of the summary summons, but closely associated with the original claim, can be included in the application for liberty to enter final judgment under Order 37, rules 4 and 7, provided they are supported by affidavit evidence. The jurisdiction is not limited to the amount claimed in the original special endorsement of claim.

Citation
[2012] IEHC 546
Parties
Plaintiff: Quarryvale Two Limited; Plaintiff: Quarryvale Three Limited; Defendant: Stephen Beere; Defendant: Graeme Beere
Jurisdiction
Ireland
Judgment Date
14 December 2012
Procedural Posture
Summary Summons / Appeal From Master of the High Court to High Court
Outcome
appeal allowed; order of Master of the High Court set aside
Legal Topics
Summary Judgment, Liquidated Claims, Jurisdiction of Master of the High Court, Amendment of Claims, Arrears of Rent and Charges
Civil Procedure Landlord and Tenant Summary Judgment Liquidated Claims Jurisdiction of Master of the High Court Amendment of Claims Arrears of Rent and Charges

Case Brief

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Parties

Quarryvale Two Limited

Plaintiff

Quarryvale Three Limited

Plaintiff

Stephen Beere

Defendant

Graeme Beere

Defendant

Procedural Posture

Summary Summons / Appeal From Master of the High Court to High Court

Legal Issues

  1. 1 Whether additional liquidated claims arising after the issue of a summary summons can be included in an application for liberty to enter final judgment under Order 37 of the Rules of the Superior Courts
  2. 2 Whether the Master of the High Court has jurisdiction to grant final judgment for sums not specified in the original special endorsement of claim

Ratio Decidendi

The High Court held that additional liquidated claims arising after the issue of the summary summons, but closely associated with the original claim, can be included in the application for liberty to enter final judgment under Order 37, rules 4 and 7, provided they are supported by affidavit evidence. The jurisdiction is not limited to the amount claimed in the original special endorsement of claim.

Court Disposition

appeal allowed; order of Master of the High Court set aside

Orders

  • Liberty to enter final judgment for the sum of €89,312.92 in favour of the plaintiffs