McCargo v Kearney [2018] NICh 26 (21 March 2019)

McCargo v Kearney [2018] NICh 26 (21 March 2019)

The defendant failed to provide a reasonable or plausible explanation for non-compliance with discovery orders, had legal representation throughout, and engaged in the outworkings of the judgment without timely legal challenge. The application to set aside the judgment and reinstate the defence is refused as unmeritorious and prejudicial to the plaintiff.

Citation
[2018] NICh 26
Parties
Plaintiff: Mary McCargo; Defendant: George Kearney
Jurisdiction
Northern Ireland
Judgment Date
21 March 2019
Procedural Posture
Civil Chancery (partnership Dispute) / Post Judgment Application to Set Aside Default Judgment and Reinstate Defence
Outcome
Application refused
Legal Topics
Default Judgment, Partnership Existence, Discovery Obligations, Setting Aside Orders, Accounting in Partnerships
Civil Procedure Partnership Law Equity Default Judgment Partnership Existence Discovery Obligations Setting Aside Orders Accounting in Partnerships

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Parties

Mary McCargo

Plaintiff

George Kearney

Defendant

Procedural Posture

Civil Chancery (partnership Dispute) / Post Judgment Application to Set Aside Default Judgment and Reinstate Defence

Legal Issues

  1. 1 Whether the defendant's application to set aside the default judgment and reinstate his defence should be granted
  2. 2 Whether the partnership shares require further determination after judgment
  3. 3 Whether the defendant has shown sufficient cause to revoke or vary the unless order

Ratio Decidendi

The defendant failed to provide a reasonable or plausible explanation for non-compliance with discovery orders, had legal representation throughout, and engaged in the outworkings of the judgment without timely legal challenge. The application to set aside the judgment and reinstate the defence is refused as unmeritorious and prejudicial to the plaintiff.

Court Disposition

Application refused

Orders

  • Defendant's application to set aside the judgment and reinstate his defence is refused.
  • The Master is directed to continue the accounting exercise between the parties.