Collins & Anor -v- Duffy & Anor [2009] IEHC 290 (26 June 2009)

Collins & Anor -v- Duffy & Anor [2009] IEHC 290 (26 June 2009)

The plaintiffs were entitled to damages in lieu of specific performance because the contract was not contingent on any other transaction, no completion notice was required, the plaintiffs were ready, willing and able to complete, and the contract did not require precise boundary identification. The damages awarded reflect the difference between the contract price and the current market value of the land retained by the plaintiffs.

Citation
[2009] IEHC 290
Parties
Plaintiff: Robbie Collins; Plaintiff: Julie Ann Collins; Defendant: Gary Duffy; Defendant: Joe Callan
Jurisdiction
Ireland
Judgment Date
26 June 2009
Procedural Posture
Plenary Summons (commercial Court) / Judgment After Trial
Outcome
Judgment for the plaintiffs for damages in lieu of specific performance.
Legal Topics
Specific Performance, Damages in Lieu of Specific Performance, Sale of Land, Boundary Disputes, Completion Notice, Readiness and Willingness to Complete
Contract Law Property Law Specific Performance Damages in Lieu of Specific Performance Sale of Land Boundary Disputes Completion Notice Readiness and Willingness to Complete

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Parties

Robbie Collins

Plaintiff

Julie Ann Collins

Plaintiff

Gary Duffy

Defendant

Joe Callan

Defendant

Procedural Posture

Plenary Summons (commercial Court) / Judgment After Trial

Legal Issues

  1. 1 Whether the contract for sale was contingent on a separate property purchase
  2. 2 Whether a completion notice was required before suing for specific performance
  3. 3 Whether plaintiffs were ready, willing and able to complete the contract

Ratio Decidendi

The plaintiffs were entitled to damages in lieu of specific performance because the contract was not contingent on any other transaction, no completion notice was required, the plaintiffs were ready, willing and able to complete, and the contract did not require precise boundary identification. The damages awarded reflect the difference between the contract price and the current market value of the land retained by the plaintiffs.

Court Disposition

Judgment for the plaintiffs for damages in lieu of specific performance.

Orders

  • Defendants to pay plaintiffs €3,070,000.00 in damages.
  • Defendants to pay interest of €175,621.00 at 8% from 9 October 2008 to date of judgment.