Moloney v Cashel Taverns Ltd (In Voluntary Liquidation) & Anor (Approved) [2021] IEHC 99 (11 February 2021)

Moloney v Cashel Taverns Ltd (In Voluntary Liquidation) & Anor (Approved) [2021] IEHC 99 (11 February 2021)

The Second Named Defendant was entirely successful in defending the claim and no conduct or circumstance justified departure from the general rule that costs follow the event. Plaintiff's submissions did not provide valid legal basis to deprive the successful party of costs.

Citation
[2021] IEHC 99
Parties
Plaintiff: Stephanie Moloney; First Defendant: Cashel Taverns Limited (In Voluntary Liquidation); Second Defendant: Liberty Insurance DAC
Jurisdiction
Ireland
Judgment Date
11 February 2021
Procedural Posture
Civil / Costs Ruling Following Judgment
Outcome
Order for costs in favour of the Second Named Defendant
Legal Topics
Costs, Repudiation of Insurance Liability, Legal Services Regulation Act 2015
Insurance Law Civil Procedure Costs Repudiation of Insurance Liability Legal Services Regulation Act 2015

Case Brief

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Parties

Stephanie Moloney

Plaintiff

Cashel Taverns Limited (In Voluntary Liquidation)

First Defendant

Liberty Insurance DAC

Second Defendant

Procedural Posture

Civil / Costs Ruling Following Judgment

Legal Issues

  1. 1 Whether the Second Named Defendant is entitled to costs after successfully defending the claim
  2. 2 Whether any conduct or circumstances justify departure from the general rule that costs follow the event

Ratio Decidendi

The Second Named Defendant was entirely successful in defending the claim and no conduct or circumstance justified departure from the general rule that costs follow the event. Plaintiff's submissions did not provide valid legal basis to deprive the successful party of costs.

Court Disposition

Order for costs in favour of the Second Named Defendant

Orders

  • Costs awarded to Second Named Defendant, including reserved costs, costs of discovery, and legal submissions, to be adjudicated in default of agreement.