Start Mortgages DAC v Kavanagh (Approved) [2023] IEHC 140 (22 March 2023)

Start Mortgages DAC v Kavanagh (Approved) [2023] IEHC 140 (22 March 2023)

The plaintiff, having been entirely successful in resisting the set aside application, is entitled to recover its costs as there are no discretionary factors justifying a different order; the application was misconceived and pursued on a misleading basis.

Citation
[2023] IEHC 140
Parties
Plaintiff: Start Mortgages DAC; First Named Defendant: Simon Kavanagh; Second Named Defendant: Deirdre Kavanagh
Jurisdiction
Ireland
Judgment Date
22 March 2023
Procedural Posture
Civil / Supplemental Judgment on Costs Following Refusal of Application to Set Aside Final Judgment
Outcome
Costs awarded to plaintiff
Legal Topics
Costs, Set Aside Application, Final Judgment, Discretionary Factors in Costs
Civil Procedure Costs Set Aside Application Final Judgment Discretionary Factors in Costs

Case Brief

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Parties

Start Mortgages DAC

Plaintiff

Simon Kavanagh

First Named Defendant

Deirdre Kavanagh

Second Named Defendant

Procedural Posture

Civil / Supplemental Judgment on Costs Following Refusal of Application to Set Aside Final Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to costs of resisting an application to set aside a final, unappealed judgment and order of the High Court
  2. 2 Whether any discretionary factors justify departing from the default rule on costs

Ratio Decidendi

The plaintiff, having been entirely successful in resisting the set aside application, is entitled to recover its costs as there are no discretionary factors justifying a different order; the application was misconceived and pursued on a misleading basis.

Court Disposition

Costs awarded to plaintiff

Orders

  • Reliefs sought in the notice of motion of 10 November 2022 are refused.
  • Plaintiff is entitled to recover its costs of and incidental to the motion as against the first named defendant, including costs of written submissions and any reserved costs, to be adjudicated in default of agreement.