Tekenable Ltd -v- Morrissey & Ors [2012] IEHC 391 (01 October 2012)

Tekenable Ltd -v- Morrissey & Ors [2012] IEHC 391 (01 October 2012)

The Court held it would be inappropriate to adjudicate on costs at this stage because the interlocutory injunction was resolved by consent undertaking, substantive proceedings continue, and the Court has not determined the merits. Costs are reserved to the trial judge to avoid premature adjudication and potential...

Source-derived case information.

Citation
[2012] IEHC 391
Parties
Plaintiff: Tekenable Limited; Defendant: Michael Morrissey; Defendant: John Ghent; Defendant: Critical Village Limited
Jurisdiction
Ireland
Judgment Date
01 October 2012
Procedural Posture
Plenary Summons / Post Interlocutory Injunction, Costs Application
Outcome
Costs of the interlocutory injunction application, including the costs application, reserved to the trial judge.
Legal Topics
Confidentiality, Interlocutory Injunctions, Costs, Breach of Contract
Employment Law Civil Procedure Confidentiality Interlocutory Injunctions Costs Breach of Contract

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Summary, issues, holding and outcome

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Parties

Tekenable Limited

Plaintiff

Michael Morrissey

Defendant

John Ghent

Defendant

Critical Village Limited

Defendant

Procedural Posture

Plenary Summons / Post Interlocutory Injunction, Costs Application

Legal Issues

  1. 1 Whether costs of an interlocutory injunction application should be awarded or reserved when resolved by consent undertaking and substantive proceedings continue

Ratio Decidendi

The Court held it would be inappropriate to adjudicate on costs at this stage because the interlocutory injunction was resolved by consent undertaking, substantive proceedings continue, and the Court has not determined the merits. Costs are reserved to the trial judge to avoid premature adjudication and potential injustice.

Court Disposition

Costs of the interlocutory injunction application, including the costs application, reserved to the trial judge.

Orders

  • Order reserving costs of the interlocutory injunction application, including costs application, to the trial judge.