Powderly v McDonagh & Anor [2006] IEHC 20 (31 January 2006)

Summary judgment is refused as defendants have demonstrated triable issues by way of defence, set-off, and counterclaim, and contractual arrangements do not exclude such rights.

Citation: [2006] IEHC 20
Parties: Plaintiff: Thomas Powderly; Defendant: Patrick McDonagh; Defendant: Ann McDonagh
Jurisdiction: Ireland
Judgment Date: 31 January 2006
Procedural Posture: Commercial Summary Summons / Application for Summary Judgment; Pre Plenary Hearing
Outcome: Summary judgment refused; case to proceed to plenary hearing.
Legal Topics: Architect's Certificates, Set Off and Counterclaim, Summary Judgment, Building Contracts, Remedial Works, Retention Monies

Contract Law Construction Law Architect's Certificates Set Off and Counterclaim Summary Judgment Building Contracts Remedial Works Retention Monies

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 8

Parties

Thomas Powderly

Plaintiff

Patrick McDonagh

Defendant

Ann McDonagh

Defendant

Procedural Posture

Commercial Summary Summons / Application for Summary Judgment; Pre Plenary Hearing

Legal Issues

1 Whether summary judgment should be granted for sums claimed on foot of architect's certificate and works allegedly carried out
2 Whether defendants have demonstrated triable issues by way of defence, set-off, or counterclaim
3 Whether contractual arrangements exclude set-off or counterclaim rights

Ratio Decidendi

Summary judgment is refused as defendants have demonstrated triable issues by way of defence, set-off, and counterclaim, and contractual arrangements do not exclude such rights.

Court Disposition

Summary judgment refused; case to proceed to plenary hearing.

Orders

Summary judgment refused for both amounts claimed.
Case admitted to Commercial List and to proceed to plenary hearing.