Vector Workplace Facility Management v Firstcare Ireland Ltd (Unapproved) [2022] IECA 146 (28 June 2022)

Vector Workplace Facility Management v Firstcare Ireland Ltd (Unapproved) [2022] IECA 146 (28 June 2022)

The appellant failed to meet even the low threshold for resisting summary judgment, as its asserted defences were general, unsubstantiated, hearsay, and not supported by evidence or realistic suggestion that evidence may be available. The High Court correctly applied the legal principles and granted judgment for the respondent.

Citation
[2022] IECA 146
Parties
Plaintiff/respondent: Vector Workplace and Facility Management Limited; Defendant/appellant: Firstcare Ireland Limited
Jurisdiction
Ireland
Judgment Date
28 June 2022
Procedural Posture
Civil Appeal / Appeal From High Court Summary Judgment
Outcome
appeal dismissed
Legal Topics
Summary Judgment, Services Agreement, Debt Recovery, Defence Threshold, Hearsay Evidence
Contract Law Commercial Law Summary Judgment Services Agreement Debt Recovery Defence Threshold Hearsay Evidence

Case Brief

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Parties

Vector Workplace and Facility Management Limited

Plaintiff/respondent

Firstcare Ireland Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Summary Judgment

Legal Issues

  1. 1 Whether the appellant established an arguable defence to resist summary judgment
  2. 2 Whether the High Court erred in refusing leave to serve a Defence and Counterclaim
  3. 3 Whether hearsay and unsubstantiated assertions can meet the threshold for resisting summary judgment

Ratio Decidendi

The appellant failed to meet even the low threshold for resisting summary judgment, as its asserted defences were general, unsubstantiated, hearsay, and not supported by evidence or realistic suggestion that evidence may be available. The High Court correctly applied the legal principles and granted judgment for the respondent.

Court Disposition

appeal dismissed

Orders

  • Judgment in the amended sum claimed (€1,192,089.05) granted to the respondent
  • Costs awarded to the respondent