Kelly Ltd v Ryder

JurisdictionIreland
Judgment Date01 January 1980
Date01 January 1980
CourtHigh Court
(H.C.)
Kelly Ltd
and
Ryder

Post Office cable being laid by defendant for the Minister - Conditions of contract - Specifications - Instructions and directions given by department official under the specifications - Damage to plaintiff's property -Clause of indemnity in favour of the Minister -Interpretation - Whether Minister or contractor liable for damage

The plaintiffs averred in their civil Bill that, in or about the month of December, 1977, the defendant and his servants or agents were engaged in the digging of a trench and the laying of a Post Office cable at Castlebar Street, Westport, Co. Mayo and that they performed the work so negligently that they interfered with the easement of support of the plaintiff's wall as a result of which the plaintiffs suffered loss and damage. The defendant obtained leave to serve a third party notice on the Minister for Posts and Telegraphs in which he denied that he had been negligent and he claimed a full indemnity in respect of the plaintiff's claim and costs. The grounds of the defendant's claim, in the third party notice, were that the damage which happened to the plaintiff's wall was caused while the Defendant was executing the work in accordance with the terms of a contract with the Minister, and the plans and specifications annexed thereto, and while under the instructions and directions which were given by the Minister's clerk of works who fully supervised and directed the entire course of the work. Clause 18 of the conditions of the contract between the defendant and the Minister provided: —"18. Damage to Property - Unless the Engineer-in-Chief shall decide to the contrary the Contractor shall be responsible for and bear all cost of damage...

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