Corrib Oil Company Ltd -v- Murray [2017] IECA 102 (29 March 2017)

Corrib Oil Company Ltd -v- Murray [2017] IECA 102 (29 March 2017)

The default judgment must be set aside because the notice of intention to proceed was not validly served due to two material errors in the address for substituted service, and the court cannot be satisfied that these errors were harmless or immaterial.

Citation
[2017] IECA 102
Parties
Plaintiff/respondent: Corrib Oil Company Limited; Defendant/appellant: Martin Murray
Jurisdiction
Ireland
Judgment Date
29 March 2017
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal allowed; default judgment set aside
Legal Topics
Service of Process, Default Judgment, Substituted Service, Address Errors
Civil Procedure Service of Process Default Judgment Substituted Service Address Errors

Case Brief

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Parties

Corrib Oil Company Limited

Plaintiff/respondent

Martin Murray

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether default judgment should be set aside due to errors in address for substituted service
  2. 2 Whether defendant was validly served with notice of intention to proceed

Ratio Decidendi

The default judgment must be set aside because the notice of intention to proceed was not validly served due to two material errors in the address for substituted service, and the court cannot be satisfied that these errors were harmless or immaterial.

Court Disposition

appeal allowed; default judgment set aside

Orders

  • Defendant required to file replying affidavit within four weeks
  • Plaintiff may pursue substantive claim afresh in High Court