Sri Apparel Ltd -v- Revolution Workwear Ltd & Ors [2013] IEHC 473 (10 October 2013)

Sri Apparel Ltd -v- Revolution Workwear Ltd & Ors [2013] IEHC 473 (10 October 2013)

Plaintiff is entitled to costs as the successful party, but costs are limited to four hearing days due to inflated claims and extended hearing; Mr. O’Sullivan is jointly and severally liable for costs relating to the guarantee claim, limited to one day.

Citation
[2013] IEHC 473
Parties
Plaintiff: Sri Apparel Limited; First Defendant: Revolution Workwear Limited; Second Defendant: Donal O’Sullivan; Third Defendant: Paul Bond; Fourth Defendant: Safety World Limited
Jurisdiction
Ireland
Judgment Date
10 October 2013
Procedural Posture
Commercial Contract Dispute / Post Trial Costs Determination
Outcome
Plaintiff awarded costs against first defendant, limited to four hearing days; Mr. O’Sullivan jointly and severally liable for costs relating to guarantee claim, limited to one day; stay granted pending possible appeal.
Legal Topics
Costs, Guarantee, Damages, Injunctive Relief, Contribution and Indemnity
Contract Law Civil Procedure Costs Guarantee Damages Injunctive Relief Contribution and Indemnity

Case Brief

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Parties

Sri Apparel Limited

Plaintiff

Revolution Workwear Limited

First Defendant

Donal O’Sullivan

Second Defendant

Paul Bond

Third Defendant

Safety World Limited

Fourth Defendant

Procedural Posture

Commercial Contract Dispute / Post Trial Costs Determination

Legal Issues

  1. 1 allocation of costs between parties
  2. 2 liability under guarantee
  3. 3 quantification of damages

Ratio Decidendi

Plaintiff is entitled to costs as the successful party, but costs are limited to four hearing days due to inflated claims and extended hearing; Mr. O’Sullivan is jointly and severally liable for costs relating to the guarantee claim, limited to one day.

Court Disposition

Plaintiff awarded costs against first defendant, limited to four hearing days; Mr. O’Sullivan jointly and severally liable for costs relating to guarantee claim, limited to one day; stay granted pending possible appeal.

Orders

  • Plaintiff awarded costs against first defendant, taxed in default of agreement, limited to four hearing days.
  • Mr. O’Sullivan jointly and severally liable with first defendant for costs relating to guarantee claim, limited to one hearing day.