McGrath -v- Stewart & anor [2016] IESC 52 (29 July 2016)
Where a court finds that laches bars specific performance, it also bars damages in lieu of specific performance; a claim for damages for breach of contract cannot be entertained on appeal if not pleaded or tried at first instance.
- Citation
- [2016] IESC 52
- Parties
- Plaintiff/respondent: P. J. McGrath; Plaintiff: Thomas McGrath; Defendant/appellant: Derek Stewart
- Jurisdiction
- Ireland
- Judgment Date
- 29 July 2016
- Procedural Posture
- Civil Appeal / Supreme Court Judgment on Appeal From High Court
- Outcome
- Appeal allowed
- Legal Topics
- Specific Performance, Damages in Lieu of Specific Performance, Laches, Breach of Contract, Sale of Land
Case Brief
Summary, issues, holding and outcome
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Parties
P. J. McGrath
Plaintiff/respondent
Thomas McGrath
Plaintiff
Derek Stewart
Defendant/appellant
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Legal Issues
- 1 Whether damages in lieu of specific performance can be awarded where the defence of laches has succeeded and specific performance is refused
- 2 Whether a claim for damages for breach of contract can be pursued on appeal when not pleaded or tried at first instance
Ratio Decidendi
Where a court finds that laches bars specific performance, it also bars damages in lieu of specific performance; a claim for damages for breach of contract cannot be entertained on appeal if not pleaded or tried at first instance.
Court Disposition
Appeal allowed
Orders
- Order of the High Court awarding damages in lieu of specific performance vacated in both plenary actions
- No damages awarded to plaintiffs/respondents
Full Case Text
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