The Alfred Beit Foundation v Egar (Approved) [2021] IEHC 111 (19 February 2021)

The Alfred Beit Foundation v Egar (Approved) [2021] IEHC 111 (19 February 2021)

The Foundation was entirely successful on both issues; the defendant failed to establish any meaningful defence or dispute. There is no reason to depart from the principle that costs should follow the event, and it is possible to justly adjudicate costs at this stage.

Source-derived case information.

Citation
[2021] IEHC 111
Parties
Plaintiff: The Alfred Beit Foundation; Defendant: David Egar
Jurisdiction
Ireland
Judgment Date
19 February 2021
Procedural Posture
Interlocutory Injunction Application / Post Judgment Costs Ruling
Outcome
Costs of interlocutory injunction application awarded to applicant against respondent; stay on order for costs refused.
Legal Topics
Interlocutory Injunctions, Costs, Trespass, Balance of Convenience
Civil Procedure Property Law Interlocutory Injunctions Costs Trespass Balance of Convenience

Source-derived case record

Summary, issues, holding and outcome

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Parties

The Alfred Beit Foundation

Plaintiff

David Egar

Defendant

Procedural Posture

Interlocutory Injunction Application / Post Judgment Costs Ruling

Legal Issues

  1. 1 Whether costs of interlocutory injunction application should be awarded to the successful party
  2. 2 Whether a stay should be placed on the costs order pending trial

Ratio Decidendi

The Foundation was entirely successful on both issues; the defendant failed to establish any meaningful defence or dispute. There is no reason to depart from the principle that costs should follow the event, and it is possible to justly adjudicate costs at this stage.

Court Disposition

Costs of interlocutory injunction application awarded to applicant against respondent; stay on order for costs refused.

Orders

  • Interlocutory injunction granted restraining defendant from trespass, causing trespass, vacating lands, slandering title, and interfering with use.
  • Costs awarded to the Foundation against Mr Egar, to be adjudicated in default of agreement.