Fitzgerald v Gowrie Park Utility Society Ltd

• Jurisdiction: Ireland
• Judgment Date: 08 November 1966
• Date: 08 November 1966
• Court: Supreme Court

(S.C.)

Fitzgerald

and

Gowrie Park Utility Society Ltd

Assignment - Application by assignee for leave to issue execution -Order granting leave made by High Court - Discretionary order - Appeal against discretionary order - Rules of the Superior Courts, 1962, O. 42, r. 24.

On the 28th March, 1963, the plaintiff recovered judgment against the defendants in the Circuit Court in the sum of £182 10s.. 0d. and on the same day the Circuit Court, in separate ejectment proceedings, decreed that the defendants should recover possession of certain premises from the plaintiff, the defendants being awarded their costs of the ejectment proceedings. The defendants in a third action, in the High Court, had claimed from the plaintiff payment of the sum of £662 10s. 0d. as mesne profits for the plaintiff's use of the said premises. The applicant acted as the plaintiff's solicitor in all three actions. On the 25th July, 1963, the High Court (1) affirmed the order of the Circuit Court made in the ejectment proceedings. On the 21st October, 1963, the High Court affirmed the judgment of the Circuit Court for £182 10s. 0d. in favour of the plaintiff and on the same day the plaintiff assigned his judgment to the applicant in consideration of a release by the applicant of all his claims for costs. Notice of the said assignment was given to the defendants. The defendants did not seek to stay the execution of the plaintiff's judgment. The applicant applied, as such assignee, in the plaintiff's action to the High Court for leave to issue execution on foot of the judgment for £182 10s. 0d. The defendants costs of the ejectment proceedings had not been taxed and the defendants claim for mesne profits...