Crowley v Kapstone Ltd (Approved) [2022] IECA 157 (11 July 2022)

Crowley v Kapstone Ltd (Approved) [2022] IECA 157 (11 July 2022)

Service of the plenary summons was not valid as the receiver's solicitors did not act for Kapstone and unequivocally stated so; there was no basis to deem service good or to renew the summons; Mr. Fennell was not agent for Kapstone for litigation purposes; the costs award to Mr. Fennell was within jurisdiction and appropriate.

Citation
[2022] IECA 157
Parties
Plaintiff/appellant: Rosemary Crowley; Defendant/respondent: Kapstone Limited (In Receivership); Notice Party/respondent: Ken Fennell
Jurisdiction
Ireland
Judgment Date
11 July 2022
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Service of Process, Renewal of Summons, Specific Performance, Costs, Joinder of Parties
Civil Procedure Property Law Service of Process Renewal of Summons Specific Performance Costs Joinder of Parties

Case Brief

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Parties

Rosemary Crowley

Plaintiff/appellant

Kapstone Limited (In Receivership)

Defendant/respondent

Ken Fennell

Notice Party/respondent

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether service of plenary summons on Kapstone Limited was valid
  2. 2 Whether the High Court erred in refusing to deem service good or to renew the summons
  3. 3 Whether Mr. Fennell was agent for Kapstone for litigation purposes

Ratio Decidendi

Service of the plenary summons was not valid as the receiver's solicitors did not act for Kapstone and unequivocally stated so; there was no basis to deem service good or to renew the summons; Mr. Fennell was not agent for Kapstone for litigation purposes; the costs award to Mr. Fennell was within jurisdiction and appropriate.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed on all grounds
  • Mr. Fennell provisionally awarded costs of the appeal, subject to submissions within ten days