Kavanagh v Hilliard & Anor (Approved) [2023] IEHC 657 (24 November 2023)

Kavanagh v Hilliard & Anor (Approved) [2023] IEHC 657 (24 November 2023)

The Court ordered an interim payment of €67,750 to the Defendants, representing a substantial payment on account for both High Court and Court of Appeal costs, as liability was undisputed and only quantum remained to be determined. The Court rejected ringfencing or set-off proposals, found no basis for estoppel, and measured the costs of the interim payment application at €6,000 plus VAT, as Defendants were substantially successful and Plaintiff failed to engage constructively or resolve the matter without a hearing.

Citation
[2023] IEHC 657
Parties
Plaintiff: Tom Kavanagh; Defendant: Harry Hilliard; Defendant: Ursula Hilliard
Jurisdiction
Ireland
Judgment Date
24 November 2023
Procedural Posture
Interlocutory Application for Interim Payment of Costs / Post Dismissal of Appeal, Application for Interim Payment Pending Costs Adjudication
Outcome
Interim payment of costs ordered; costs of application awarded to Defendants.
Legal Topics
Interim Payment of Costs, Practice Direction HC71, Legal Services Regulation Act 2015, Rules of the Superior Courts, Adjudication of Costs, Set Off in Bankruptcy Proceedings
Civil Procedure Costs Interim Payment of Costs Practice Direction HC71 Legal Services Regulation Act 2015 Rules of the Superior Courts Adjudication of Costs Set Off in Bankruptcy Proceedings

Case Brief

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Parties

Tom Kavanagh

Plaintiff

Harry Hilliard

Defendant

Ursula Hilliard

Defendant

Procedural Posture

Interlocutory Application for Interim Payment of Costs / Post Dismissal of Appeal, Application for Interim Payment Pending Costs Adjudication

Legal Issues

  1. 1 Whether an interim payment of costs should be ordered pending adjudication
  2. 2 Whether payment should be ringfenced due to pending bankruptcy proceedings
  3. 3 Appropriate quantum for interim payment

Ratio Decidendi

The Court ordered an interim payment of €67,750 to the Defendants, representing a substantial payment on account for both High Court and Court of Appeal costs, as liability was undisputed and only quantum remained to be determined. The Court rejected ringfencing or set-off proposals, found no basis for estoppel, and measured the costs of the interim payment application at €6,000 plus VAT, as Defendants were substantially successful and Plaintiff failed to engage constructively or resolve the matter without a hearing.

Court Disposition

Interim payment of costs ordered; costs of application awarded to Defendants.

Orders

  • Plaintiff to pay Defendants €67,750 within seven days as interim payment on account of High Court and Court of Appeal costs.
  • Plaintiff to pay Defendants €6,000 plus VAT for costs of the interim payment application.