Dwyer v Hartigan

• Jurisdiction: Ireland
• Judgment Date: 01 January 1945
• Date: 01 January 1945
• Court: Circuit Court

(Cir. Ct.),

Dwyer

and

Hartigan

Circuit Court - Claim for injunction - Title jurisdiction civil bill - Whether plaintiff entitled to costs in accordance with Order XL, Rule 28, of Circuit Court Rules.

Where a plaintiff, suing by title jurisdiction civil bill, claimed, first, a declaration as to title, and, secondly, a mandatory injunction, and where by the consent of both parties (which was filed in the Court as a consent), the plaintiff was granted both of the reliefs sought, together with party and party costs of the suit, the question arose as to whether the plaintiff's costs should be taxed as costs in an injunction suit under Order XL, Rule 28, of the Circuit Court Rules, or as costs in a title action. Held, that the Judge, in deciding such a question, must consider what is the main relief sought. If the main relief sought is an injunction, then the costs must be taxed under Order XL, Rule 28. Held, that in the present case, by reason bothof the terms of the...