RM v SHC (Approved) [2023] IEHC 530 (24 July 2023)

RM v SHC (Approved) [2023] IEHC 530 (24 July 2023)

The Defendant established arguable grounds for appeal but failed to demonstrate an error affecting the balance of justice already determined; granting a stay would deprive the Plaintiff of the benefit of the injunction. Costs can be justly adjudicated now as the Plaintiff has won the event, and the Defendant's opposition to the modified application does not alter this outcome.

Citation
[2023] IEHC 530
Parties
Plaintiff: RM; Defendant: SHC
Jurisdiction
Ireland
Judgment Date
24 July 2023
Procedural Posture
Interlocutory Application in Civil Proceedings / Ruling on Stay Pending Appeal and Costs Following Grant of Interlocutory Injunction
Outcome
Stay pending appeal refused; Plaintiff awarded costs of interlocutory injunction application with a stay on the costs order for set-off purposes.
Legal Topics
Interlocutory Injunctions, Stay Pending Appeal, Costs Adjudication
Employment Law Civil Procedure Interlocutory Injunctions Stay Pending Appeal Costs Adjudication

Case Brief

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Parties

RM

Plaintiff

SHC

Defendant

Procedural Posture

Interlocutory Application in Civil Proceedings / Ruling on Stay Pending Appeal and Costs Following Grant of Interlocutory Injunction

Legal Issues

  1. 1 Whether a stay should be granted on an interlocutory injunction pending appeal
  2. 2 Whether costs of the interlocutory injunction application should be awarded or reserved

Ratio Decidendi

The Defendant established arguable grounds for appeal but failed to demonstrate an error affecting the balance of justice already determined; granting a stay would deprive the Plaintiff of the benefit of the injunction. Costs can be justly adjudicated now as the Plaintiff has won the event, and the Defendant's opposition to the modified application does not alter this outcome.

Court Disposition

Stay pending appeal refused; Plaintiff awarded costs of interlocutory injunction application with a stay on the costs order for set-off purposes.

Orders

  • Application for stay pending appeal refused.
  • Plaintiff awarded costs of interlocutory injunction application, to be adjudicated in default of agreement.