SFL Engineering Ltd. v. Smyth Cladding Systems Ltd. [1997] IEHC 81 (9th May, 1997)

SFL Engineering Ltd. v. Smyth Cladding Systems Ltd. [1997] IEHC 81 (9th May, 1997)

The Defendant failed to serve Third Party Notices as soon as was reasonably possible, resulting in unreasonable delay of one year and ten months; therefore, the Third Party Notices must be set aside.

Citation
[1997] IEHC 81
Parties
Defendant: Smyth Cladding Systems Limited; Third Party Applicant: Plannja Limited; Third Party Applicant: Plannja A. B.; Plaintiff: SFL Engineering Limited
Jurisdiction
Ireland
Procedural Posture
Application to Set Aside Third Party Notices / High Court Judgment
Outcome
Third Party Notices set aside
Legal Topics
Third Party Procedure, Contribution, Timeliness of Third Party Notice
Civil Procedure Tort Third Party Procedure Contribution Timeliness of Third Party Notice

Case Brief

Summary, issues, holding and outcome

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Parties

Smyth Cladding Systems Limited

Defendant

Plannja Limited

Third Party Applicant

Plannja A. B.

Third Party Applicant

SFL Engineering Limited

Plaintiff

Procedural Posture

Application to Set Aside Third Party Notices / High Court Judgment

Legal Issues

  1. 1 Whether Third Party Notices were served as soon as was reasonably possible under Section 27(1)(b) Civil Liability Act, 1961
  2. 2 Whether delay in serving Third Party Notices justifies setting them aside

Ratio Decidendi

The Defendant failed to serve Third Party Notices as soon as was reasonably possible, resulting in unreasonable delay of one year and ten months; therefore, the Third Party Notices must be set aside.

Court Disposition

Third Party Notices set aside

Orders

  • Third Party Notices served upon Plannja Limited and Plannja A. B. on 26th April, 1996 are set aside