Birmingham & Anor v. Coughlan & Anor [2004] IEHC 211 (9 June 2004)

Birmingham & Anor v. Coughlan & Anor [2004] IEHC 211 (9 June 2004)

At the time of the Completion Notice and at all relevant times until completion, the plaintiffs/vendors were not able, ready and willing to complete the sale due to unresolved issues regarding way leaves and title. Therefore, the claim for interest for delay cannot succeed, and the proceedings have no reasonable prospect of success and should be dismissed.

Citation
[2004] IEHC 211
Parties
Plaintiff: Robert Birmingham; Plaintiff: George Birmingham; Defendant: Patrick Coughlan; Defendant: Patrick (otherwise Patsy) Fagan
Jurisdiction
Ireland
Judgment Date
09 June 2004
Procedural Posture
Civil / Post Contract, Motion to Dismiss and for Further Discovery After Partial Compromise
Outcome
Plaintiffs' claim dismissed
Legal Topics
Specific Performance, Completion Notice, Good Marketable Title, Interest for Delay, Discovery, Abuse of Process
Contract Law Property Law Civil Procedure Specific Performance Completion Notice Good Marketable Title Interest for Delay Discovery +1 more

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Parties

Robert Birmingham

Plaintiff

George Birmingham

Plaintiff

Patrick Coughlan

Defendant

Patrick (otherwise Patsy) Fagan

Defendant

Procedural Posture

Civil / Post Contract, Motion to Dismiss and for Further Discovery After Partial Compromise

Legal Issues

  1. 1 Whether the plaintiffs/vendors were able, ready and willing to complete the sale at the time of the Completion Notice
  2. 2 Whether the defendants/purchasers were liable for interest for delay in completion
  3. 3 Whether the proceedings should be dismissed as having no reasonable prospect of success

Ratio Decidendi

At the time of the Completion Notice and at all relevant times until completion, the plaintiffs/vendors were not able, ready and willing to complete the sale due to unresolved issues regarding way leaves and title. Therefore, the claim for interest for delay cannot succeed, and the proceedings have no reasonable prospect of success and should be dismissed.

Court Disposition

Plaintiffs' claim dismissed

Orders

  • Plaintiffs' claim for interest for delay dismissed
  • Proceedings struck out as having no reasonable prospect of success