East Cork Foods v O'Dwyer Steel

JurisdictionIreland
Judgment Date01 January 1978
Date01 January 1978
Docket Number[1971 No. 243 P.]
CourtSupreme Court
(S.C.)
East Cork Foods
and
O'Dwyer Steel

Recovery - Money paid pursuant to legal obligation - Obligation cancelled by appeal court - Nature of payer's remedy - Whether payer entitled to interest on amount paid - Debtor's (Ireland) Act, 1840 (3 4 Vict., c. 105), s. 53 - Civil Liability Act, 1961 (No. 41), ss. 21, 23, 24.

The claimant and the respondent had been sued as co-defendants in an action brought in the High Court by a plaintiff who was injured in an accident which occurred when he was an employee of the respondent. The plaintiff claimed damages for negligence. The claimant and respondent delivered defences to the plaintiff's claim, and each of them served a notice claiming from the other pursuant to s. 21 of the Civil Liability Act, 1961, a contribution towards or an indemnity against its...

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32 cases
  • Dublin Corporation v Building and Allied Trade Union
    • Ireland
    • Supreme Court
    • 24 Julio 1996
    ...V HUNTER 1795 2 HBL 402 MOSES V MACFERLAN 1760 2 BURR 1005 GOFF & JONES LAW OF RESTITUTION 4ED EAST CORK FOODS LTD V O'DWYER STEEL CO 1978 IR 103 Synopsis: ARBITRATION Award Finality - Landowner - Building - Acquisition - Compulsion - Compensation paid by road authority - Portion of build......
  • Re P.M.P.A. Garages Ltd (No. 2)
    • Ireland
    • High Court
    • 1 Enero 1992
    ...inequitable to allow the companies to retain the monies. Sinclair v. BroughamELR [1914] A.C. 398 and East Cork Foodsv. O'Dwyer SteelIR [1978] I.R. 103 followed. 3. That although a body corporate could not enforce a contract the making of which was ultra vires its powers the other party to s......
  • HKR Middle East Architects Engineering LC v English
    • Ireland
    • High Court
    • 10 Mayo 2019
    ...unjust enrichment claim made here. 394 It is clear from the decisions of the Supreme Court in East Cork Foods Ltd v. O'Dwyer Steel Co. [1978] IR 103, O'Rourke v. Revenue Commissioners [1996] 2 IR 1 and Corporation of Dublin v. Building and Allied Trade Union [1996] 1 IR 468 that Irish la......
  • Harlequin Property Ltd and Another v Padraig O'Halloran and Another
    • Ireland
    • High Court
    • 25 Julio 2013
    ...LTD (IN LIQUIDATION), IN RE 1975 1 WLR 279 1975 1 AER 604 THOMAS THE LAW OF TRUSTS 2ED 2010 276 EAST CORK FOODS LTD v O'DWYER STEEL CO LTD 1978 IR 103 MURPHY v AG 1982 IR 241 BELMONT FINANCE CORP v WILLIAMS FURNITURE & ORS (NO 2) 1980 1 AER 393 CHARTER PLC & ANOR v CITY INDEX LTD 2008 CH 3......
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