O'Mahony v Gaffney

JurisdictionIreland
CourtHigh Court
JudgeMr. Justice Lynch
Judgment Date18 March 1986
Neutral Citation1986 WJSC-HC 1336
Date18 March 1986

1986 WJSC-HC 1336

THE HIGH COURT ON CIRCUIT

O'MAHONY v. GAFFNEY
WESTERN CIRCUIT
COUNTY OF LEITRIM

BETWEEN

JOHN O'MAHONY
PLAINTIFF/APPELLANT

AND

TED GAFFNEY
DEFENDANT/RESPONDENT

Synopsis:

CONTRACT

Enforcement

Action - Compromise - Oral contract - Settlement of all issues - Settlement providing for sale of plaintiff's land - Plaintiff refusing to sell land - Absence of memorandum in writing - Defendant unable to enforce sale - Plaintiff seeking to resume prosecution of his claim in the action - Resumption being a breach of a valid subsisting contract - Held that plaintiff not entitled to resume prosecution of his claim - (Lynch J. - 18/3/86) - [1986] IR 36

|O'Mahony v. Gaffney|

ACTION

Compromise

Terms - Enforcement - Oral contract - Settlement of all issues - Settlement providing for sale of plaintiff's land - Plaintiff's refusal to sell land - Absence of memorandum in writing - Defendant unable to enforce sale of plaintiff's land - Plaintiff seeking to resume prosecution of his claim in the action - Resumption being a breach of a valid subsisting contract - Held that plaintiff not entitled to resume prosecution of his claim - (Lynch J. - 18/3/86) - [1986] IR 36

|O'Mahony v. Gaffney|

1

Judgment of Mr. Justice Lynchdelivered at Dublin the 18th day of March1986.

2

The facts of this case are clear.

3

The Plaintiff issued an Equity Civil Bill in September, 1981 for hearing in County Leitrim Circuit Court claiming Orders against the Defendant in respect of alleged encroachment by the Defendant on the Plaintiff's adjoining property at Drumsna in the County of Leitrim. The action was heard by the learned Circuit Court Judge in November, 1982 and having summed up the Judge was requested by Counsel for the Defendant to postpone giving judgment and to adjourn the case to enable negotiations to take place between the parties. The learned Circuit Court Judge acceded to this application and the Court then rose as this case was the last case in that week's list.

4

Negotiations immediately commenced between Counsel for the respective parties and they continued for approximately three quarters of an hour. The negotiations were on one basis only, namely a purchase by the Defendant of the Plaintiff's property each party to bear his own costs of the action and the only point really discussed was price. The Defendant had initially offered£12,000 through his Counsel to purchase the Plaintiff's property. The Plaintiff sought £16,000 through his Counsel as the price for his property.

5

Ultimately the Defendant made a final offer of £14,000. I am satisfied that at that stage the Plaintiff's Solicitor advised the Plaintiff that he was under no obligation to settle the case unless he wished to do so. Furthermore I am satisfied that the Plaintiff's Solicitors also got the Plaintiff's architect who was then present to advise the Plaintiff as to the state of repair of the Plaintiff's property and its likely value. The Plaintiff resides in County Limerick...

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3 cases
  • Taylor v Smyth
    • Ireland
    • High Court
    • 20 December 1988
    ...superceded by the compromise agreement. SeeGreen -v- Rozen 1955 2 A.E.R. 797; MacCabe .v. Joynt1901 2 I.R. 129. O'mahony .v. Gaffney 1986 I.R.36. 26 As a result of Kape Investments Limited's purported exercise of its power of sale as mortgagee of the property to Calla Associates Limited, a ......
  • Allergan Pharmaceuticals (Ireland) Ltd v Noel Deane Roofing and Cladding Ltd and Others
    • Ireland
    • High Court
    • 15 August 2006
    ...superseded by the compromise agreement: see Green v. Rozen [1955] 1 W.L.R. 741; MacCabe v. Joynt [1901] 2 I.R. 115; O'Mahony v. Gaffney [1986] I.R. 36." 175 The issue of whether there has in fact been a repudiation of the Consent settlement has not yet been determined and I agree, and have......
  • Taylor v Smyth
    • Ireland
    • Supreme Court
    • 1 January 1991
    ...OF SASKATCHEWAN 88 DLR 609 COOPER V MILLEA 1938 IR 749 RIORDAN V BUTLER 1940 IR 347 WARD V LEWIS & ORS 1955 1 AER 55 O'MAHONY V GAFFNEY 1986 IR 36 GREEN V ROZEN & ORS 1955 2 AER 797 LONRHO LTD V SHELL PERTOLEUM CO 1981 2 AER 465 COMPANIES ACT 1948 (UK) MERCHANT SHIPPING ACT 1894 S502 EMM......

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