Mcateer v Devine & Anor[2013] NIQB 146 (19 December 2013)

Mcateer v Devine & Anor[2013] NIQB 146 (19 December 2013)

No breach of the terms of the Order of 20 September 2012 by the Devines was established, as there was insufficient evidence that they were responsible for the dissemination of information or use of reports after the undertakings. However, the Devines acted in bad faith regarding the use of reports after the 2009 application and are ordered to pay the costs of the application limited to the issues concerning the reports and the 2009 proceedings.

Citation
[2013] NIQB 146
Parties
Plaintiff: Daniel McAteer; Defendant: Sean Devine; Defendant: Mary Devine; Defendant: Brendan Fox p/a Cleaver, Fulton Rankin, Solicitors; Defendant: John Love p/a Moore Stephens Bradley McDaid, Chartered Accountants
Jurisdiction
Northern Ireland
Judgment Date
19 December 2013
Procedural Posture
Commercial Proceedings / Application for Removal of Stay and for Declarations of Breach of Undertakings
Outcome
No breach of undertakings found; costs awarded against the Devines limited to issues concerning the reports and 2009 proceedings; proceedings against the third defendant adjourned for further hearing.
Legal Topics
Breach of Undertaking, Injunctions, Costs Orders, Bad Faith, Use of Confidential Documents
Civil Procedure Commercial Law Breach of Undertaking Injunctions Costs Orders Bad Faith Use of Confidential Documents

Case Brief

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Parties

Daniel McAteer

Plaintiff

Sean Devine

Defendant

Mary Devine

Defendant

Brendan Fox p/a Cleaver, Fulton Rankin, Solicitors

Defendant

John Love p/a Moore Stephens Bradley McDaid, Chartered Accountants

Defendant

Procedural Posture

Commercial Proceedings / Application for Removal of Stay and for Declarations of Breach of Undertakings

Legal Issues

  1. 1 Whether the Devines breached undertakings given to the court on 20 September 2012
  2. 2 Whether the Devines improperly used accountancy reports contrary to court orders or undertakings
  3. 3 Whether the third defendant breached undertakings or court orders regarding confidential documents

Ratio Decidendi

No breach of the terms of the Order of 20 September 2012 by the Devines was established, as there was insufficient evidence that they were responsible for the dissemination of information or use of reports after the undertakings. However, the Devines acted in bad faith regarding the use of reports after the 2009 application and are ordered to pay the costs of the application limited to the issues concerning the reports and the 2009 proceedings.

Court Disposition

No breach of undertakings found; costs awarded against the Devines limited to issues concerning the reports and 2009 proceedings; proceedings against the third defendant adjourned for further hearing.

Orders

  • Devines to pay costs of the application limited to the examination of issues on the reports and the 2009 proceedings.
  • All matters against the third defendant adjourned into the hearing of the proceedings; no further pleadings directed.