Wyn Clons Development Ltd -v- Cooke [2016] IECA 317 (04 November 2016)
The trial judge's findings were supported by credible evidence, and there was no unequivocal abandonment of the right to specific performance by the respondent. The award of High Court costs was not challenged at trial and cannot be revisited on appeal.
- Citation
- [2016] IECA 317
- Parties
- Plaintiff/respondent: Wynn Clons Development Ltd; Defendant/appellant: Keith Cooke
- Jurisdiction
- Ireland
- Judgment Date
- 04 November 2016
- Procedural Posture
- Civil Appeal / Appeal From High Court Order for Specific Performance
- Outcome
- appeal dismissed
- Legal Topics
- Specific Performance, Repudiation of Contract, Remedies for Breach of Contract, Costs and Jurisdiction
Case Brief
Summary, issues, holding and outcome
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Parties
Wynn Clons Development Ltd
Plaintiff/respondent
Keith Cooke
Defendant/appellant
Procedural Posture
Civil Appeal / Appeal From High Court Order for Specific Performance
Legal Issues
- 1 Whether the trial judge's finding on the existence of a noxious smell was contrary to the weight of evidence
- 2 Whether the respondent abandoned its claim for specific performance and elected to sue for damages in lieu
- 3 Whether the award of High Court costs was appropriate in the absence of evidence of rateable valuation
Ratio Decidendi
The trial judge's findings were supported by credible evidence, and there was no unequivocal abandonment of the right to specific performance by the respondent. The award of High Court costs was not challenged at trial and cannot be revisited on appeal.
Court Disposition
appeal dismissed
Orders
- Order of specific performance affirmed
- Appellant's counterclaim dismissed
Full Case Text
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