Jackson Way Properties Ltd v Smith & Ors (Unapproved) [2023] IECA 234 (05 October 2023)

Jackson Way Properties Ltd v Smith & Ors (Unapproved) [2023] IECA 234 (05 October 2023)

Appellants were substantially and entirely successful in overturning the High Court decision and securing their counterclaim. No unreasonable conduct or material increase in costs was demonstrated by respondent. The holistic approach and statutory principles do not warrant apportionment or reduction of costs. Appellants are entitled to all their costs in both courts.

Citation
[2023] IECA 234
Parties
Plaintiff/respondent: Jackson Way Properties Limited; Defendant/appellant: Thomas Kevin Smith; Defendant/appellant: Mairead Smith; Notice Party: Dun Laoghaire Rathdown County Council
Jurisdiction
Ireland
Judgment Date
05 October 2023
Procedural Posture
Civil Appeal / Post Judgment Costs Determination
Outcome
Appellants entitled to all their costs in the Court of Appeal and High Court.
Legal Topics
Restrictive Covenants, Costs, Conveyancing, Equitable Remedies
Property Law Civil Procedure Restrictive Covenants Costs Conveyancing Equitable Remedies

Case Brief

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Parties

Jackson Way Properties Limited

Plaintiff/respondent

Thomas Kevin Smith

Defendant/appellant

Mairead Smith

Defendant/appellant

Dun Laoghaire Rathdown County Council

Notice Party

Procedural Posture

Civil Appeal / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the restrictive covenant in the 1947 deed binds the plaintiff's land
  2. 2 Whether the benefit of the covenant was annexed to the property of the covenantee and enforceable by successors
  3. 3 Appropriate allocation of costs under sections 168 and 169 of the Legal Services Regulation Act 2015

Ratio Decidendi

Appellants were substantially and entirely successful in overturning the High Court decision and securing their counterclaim. No unreasonable conduct or material increase in costs was demonstrated by respondent. The holistic approach and statutory principles do not warrant apportionment or reduction of costs. Appellants are entitled to all their costs in both courts.

Court Disposition

Appellants entitled to all their costs in the Court of Appeal and High Court.

Orders

  • Appellants awarded all costs of appeal and High Court proceedings.