By Mark Tottenham BL in Ireland High Court, Kelly J No Comments Tags: Company law
In re Eircom Ltd [2012] IEHC 107
(High Court, Kelly J, 30 March 2012)
High Court grants protection of court to group of telecommunications companies and appoints interim examiner pending the hearing of examinership petition.
Examinership – petition to appoint interim examiner – protection of court – debts of €4.08 billion – inability to service debts from existing revenues – breach of financial arrangements – need to restructure debts – s. 2 of the Companies (Amendment) Act More
By Mark Tottenham BL in Ireland High Court, Kelly J No Comments Tags: Banking law, Fraud, Practice and procedure
Cuttle v. ACC Bank PLC [2012] IEHC 105
(High Court, Kelly J, 30 March 2012)
High Court grants plaintiff leave to amend pleadings to include allegation of fraud against financial institution, but on terms as to costs.
Application for leave to amend pleadings – claim against financial institution – investment in financial product (Solid World Bond 5) – proposed claim of fraud against financial institution – Order 28, rule 1 – real questions in controversy – discretion of court – tendency to allow More
By Ciaran Joyce BL in Kelly J No Comments Tags: Arbitration, Commercial Court, Construction law
Dunnes Stores -v- Holtgen Ltd [2012] IEHC 93
(High Court, Kelly J, 27 March 2012)
High Court refuses application to set aside arbitration award of €20,269,732.81, in relation to construction of shopping centre.
Arbitration Acts 1954-1998 – Section 4 of the Arbitration Act 2010 – arbitration award – jurisdiction of high court to set aside arbitration award – construction contract – breach of agreement – counterclaim – Section 36 of the Arbitration Act More
By Mark Tottenham BL in Kelly J No Comments Tags: Commercial Court, Contract law, Summary judgment
Irish Bank Resolution Corporation Ltd v. Quinn [2011] IEHC 470
(High Court, Kelly J, 16 December 2011)
High Court grants summary judgment in the sum of €3 million against second defendant, being wife of first defendant. (Full text.)
Summary judgment – commercial court – loan of €3m – application for judgment against second defendant, being wife of first defendant – loan agreement signed by second defendant in five places – acknowledgement that borrower had been More
By Mark Tottenham BL in Kelly J No Comments Tags: Contract law, Summary judgment
Bank of Scotland PLC v. Mansfield [2011] IEHC 463
(High Court, Kelly J, 21 December 2011)
High Court grants summary judgment against defendant in the sum of €206,396,577.74, having found that no bona fide defence existed to the claim. (Full text.)
Summary judgment – guarantees – limited companies – “all sums due” – whether defence to claim – real or bona fide defence – whether “very clear” that defendant had no case – defence of set-off or counterclaim – whether defence More
By Mark Tottenham BL in Kelly J No Comments Tags: Bankruptcy, Commercial Court, Summary judgment
Irish Bank Resolution Corporation v. Quinn [2011] IEHC 428
(High Court, Kelly J, 23 November 2011)
High Court grants summary judgment to plaintiff in sums of US$219,901,910.64 and €253,951,810.67, despite bankruptcy of defendant in Northern Ireland, and adjourns balance of claims. (Full text.)
Applications for summary judgment in three actions – funds due on instruments of guarantee and indemnity – transfer to Commercial Court – bankruptcy of defendant in Northern Ireland – invitation to Official Receiver to More
By Mark Tottenham BL in Kelly J No Comments Tags: Contract law, Specific performance
Desmond Murtagh Construction Ltd v. Hannan [2011] IEHC 276 (28 July 2011)
High Court (Kelly J) grants order of specific performance of 22 contracts for sale of property and the related building agreements. (Full text.)
Specific performance – 22 contracts for sale of property – related building agreements – plaintiff company in receivership – failure to comply with completion notices – requirement to furnish certificate of compliance with planning permission and building regulations – whether planning permission was a matter of title – whether certificate provided by vendor was substantially correct – whether failure to comply with condition was due to any failure or fault on part of vendor – delay in installation of sewer as result of local authority proposals – undertaking by vendor to comply with outstanding conditions in contract.
Doolan v. Murray (Keane J, 21st December, 1993)
Ecclesfield v. Londonderry [1876] 4 Ch D 693
Smith v. Chadwick [1884] 9 App Cas 187
Redgrave v. Hurd [1881] 20 Ch D 1
Sidney v. Buddery [1949] 1 P. & C.R. 34
Sinclair-Hill v. Southcott [1973] 266 E.G. 1399
By Mark Tottenham BL in Kelly J No Comments Tags: Practice and procedure
IBB Internet Services Ltd v. Imagine Communications Group Ltd [2011] IEHC 253 (6 July 2011)
High Court (Kelly J) grants leave to deliver amended statement of claim to clarify claim on behalf of all plaintiffs, notwithstanding substantial pleadings in case to date. (Full text.)
Pleadings – claim for over €100 million in damages for breach of contract – several notices for particulars and replies thereto – lack of clarity in amended statement of claim – contention that all plaintiffs operated as “single economic unit” – alternative plea that two plaintiffs were agents of third plaintiff – purpose of pleadings – requirement that issues between parties are defined – requirement that defendants know what case they have to meet – whether party entitled to plead two inconsistent sets of material facts and claim relief thereunder in the alternative.
McGee v. O’Reilly [1996] 2 I.R. 229
Mahon v. Celbridge Spinning Company Limited [1967] I.R. 1
Phillips v. Phillips[1878] 4 QBD 127
Phonographic Performance Ireland Limited v. Cody [1998] 4 I.R. 504
Church v. Adler 350 Ill. App. 47
By Mark Tottenham BL in Kelly J No Comments Tags: Practice and procedure
Ryanair Ltd -v- Terravision London Finance Ltd [2011] IEHC 244 (30 June 2011)
High Court (Kelly J) finds no grounds for claim of objective bias, but transfers hearing of action to a different judge solely to avoid delays arising from likely Supreme Court appeal. (Full text.)
Application to discharge judge from hearing of case – summary summons adjourned for plenary hearing – provision of coach services – comment by judge in previous case that plaintiff and truth were “uncomfortable bedfellows” – whether objective bias – whether apprehension of bias is relevant – delays – objective of speedy adjudication of action.
Ryanair Limited v. Commissioner for Aviation Regulation [2010] IEHC 220
O’Callaghan v. Mahon [2008] 2 I.R. 514
Locabail UK Ltd v. Bayfield Properties Ltd [2002] W.L.R. 870
A.P. v. H.H. Judge McDonagh [2009] IEHC 316
Drury v. British Broadcasting Corporation [2007] EWCA 605
By Mark Tottenham BL in Kelly J No Comments Tags: Company law, Practice and procedure
Director of Corporate Enforcement v. Anglo Irish Bank Corporation [2011] IEHC 164 (Kelly J, 10 May 2011)
High Court extends until 28 July 2011 time to deal with material obtained on foot of warrants, with requirement that that court be furnished with more detailed information as to progress of investigations. (Full text.)
Treatment of material obtained on foot of warrants – “extended power of seizure” – application for order to extend time to deal with material – s 20(2G)(a) Companies Act 1990, as amended – investigations – whether progress being made – whether papers sent to DPP – witnesses remaining to be interviewed – application for search warrants in February 2009 – apparent failure to investigate possible criminal wrongdoing in commercial / corporate sector in expeditious manner.
Kelly v. Byrne High Court, Clarke J, 13 April 2011