McGuinness v Motor Distributors Ltd
Jurisdiction | Ireland |
Judge | Barron J. |
Judgment Date | 01 January 1997 |
Neutral Citation | [1996] IEHC 26 |
Court | High Court |
Docket Number | No.810P/1985,[1985] No. 810P] |
Date | 01 January 1997 |
[1996] IEHC 26
THE HIGH COURT
AND
Citations:
SHAW V SLOAN 1982 NI 393
LAWLESS V BUS EIREANN 1994 1 IR 474
REAMSBOTTOM V RAFFERTY 1991 1 IR 531
MCSHANE V MCGINN UNREP KEANE 18.5.95
Synopsis:
CONTRACT
Breach of contract - alleged supply of unroadworthy motor bus - plaintiff had previously been sued for negligence - had sought joined defendants as 3rd parties - plaintiff had been held liable - issue between plaintiff and 3rd parties dismissed - whether plaintiff estopped from bringing current proceedings - Held: Estoppel allowed - plaintiff was party to earlier proceedings, even if insurance company controlled them - (High Court - Barron J. - 22/10/1996) [1997] 2 IR 171
|McGuinness v. Motor Distributors Ltd. & anor.|
Judgment of Barron J.delivered on the 22nd day of October 1996.
The present proceedings are brought by the Plaintiff to recover damages for breach of contract in the supply of an unroadworthy motor bus. The said bus was involved in a road traffic accident on the 18th April, 1982 at Stramackilmartin, Derrybeg, Co. Donegal. Arising out of that road traffic accident a passenger in the bus brought proceedings against the Plaintiff and his driver seeking damages for personal injuries sustained in the accident. In those proceedings the Plaintiff, as defendant in such proceedings, availed of third party procedure against the Defendants in the present proceedings and sought to establish that the cause of the accident arose from defects in the bus for which such Defendants were solely responsible.
Those proceedings came on for hearing on the 29th September, 1988. The learned Circuit Court judge found in favour of the passenger as against the Plaintiff and awarded the passenger damages. The issue as between the Plaintiff and the Defendants was dismissed. An appeal was taken against this decision but withdrawn. On the 24th October, 1989 an Order was made by the High Court on Circuit confirming the Circuit Court Order and again ordering that the third party issue be dismissed.
Meanwhile, the Plaintiff had issued these proceedings on the 28th January, 1985. Pleadings were completed in September, 1988. Subsequently a notice of intention to proceed was served on the 3rd February, 1992 but nothing further appears to have been done on foot of such notice. On the 7th April, 1994 there appears to have been a motion to dismiss for want of prosecution. That does not appear to have been successful because on the 21st March, 1995 the Defendants brought a motion seeking to amend the defence to plead estoppel arising from the Order of the High Court on Circuit to which I have referred. They were given liberty to so amend their defence and the defence as amended was delivered on the 24th April, 1995. The matter now comes before this Court as a preliminary issue to determine whether or not the Plaintiff is estopped from proceeding with the action.
The parties accept that the appropriate principle...
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Tom O'Driscoll v Seamus Dunne and Others
...Browne [1986] I.R. 90; Gilroy v. McLoughlin [1988] I.R. 44; McCauley v. McDermott [1997] 2 ILRM 486; McGuinness v. Motor Distributors [1997] 2 I.R. 171. The doctrine applies and the defence of res judicata may be raised even though there is an appeal pending from the judgment and order of t......