Ely v Dargan

JurisdictionIreland
CourtSupreme Court
Judgment Date30 June 1967
Date30 June 1967
(S.C.)
Ely
and
Dargan

New trial directed - Application by defendant for liberty to make additional payment into court - Application granted upon terms - Rules of the Superior Courts, 1962, Or. 22, r. 1.

In ordinary circumstances a defendant, seeking liberty to increase the amount of money which he has paid into Court with his defence, may properly be required, as a condition of being granted such liberty, to undertake to recoup the plaintiff for all costs incurred or ordered to be paid by him since...

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13 cases
  • Coughlan and Others v Stokes and Another
    • Ireland
    • High Court
    • 20 April 2009
    ...- Claim for damage to nightclub premises - Whether prejudice to plaintiffs - Brennan v Iarnroid Eireann [1992] 2 IR 167 and Ely v Dargan [1967] IR 89 distinguished; Kearney v Barrett [2003] IEHC 110, [2004] 1 IR 1 considered - Rules of the Superior Courts 1986 (SI 15/1986), O 22 r 1 - Le......
  • Larkin v Whitony Ltd and Others
    • Ireland
    • Supreme Court
    • 19 June 2002
    ...COMPANY, WHITURIUS LIMITED, PETER WHYTE, MYLES CROFTON AND PETER BLAKE Defendants Citations: RSC O.22 RSC O.22 r3 RSC O.22 r1 ELY V DARGAN 1967 IR 89 Synopsis: PRACTICE AND PROCEDURE Amendment of proceedings Costs - Lodgment - Litigation - Specific performance suit - Whether order of High C......
  • McCambridge Ltd v Joseph Brennan Bakeries
    • Ireland
    • High Court
    • 12 December 2013
    ...IR 611; Hollister Incorporated v Medik Ostomy Supplies Limited [2012] EWCA Civ 1419, (Unrep, Court of Appeal, 9/11/2012); Ely v Dargan [1967] IR 89; Window & Roofing Concepts Limited v Tolmac Construction Limited [2004] ILRM 554; Kearney & Anor v Barrett [2004] 1 IR 1 - Dome Telecom v Eirc......
  • Browne v Van Geene
    • Ireland
    • High Court
    • 24 January 2018
    ...by him since the date of the first payment into court. In support of this contention, counsel referred to the decision in Ely v. Dargan [1967] I.R. 89 and in particular, to the following dicta of �" Dhálaigh C.J. at p. 95:- 'Cases may arise in which there are circumstances that require spec......
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