O'Sullivan v Dwyer (No. 2)

JurisdictionIreland
Judgment Date15 May 1973
Date15 May 1973
Docket Number[1966. No. 14 P.]
CourtSupreme Court
(S.C.)
O'Sullivan
and
Dwyer (No. 2)

Damages consisting of aggregate of four distinct assessments - One assessment set aside on appeal and retrial directed - Other assessments affirmed on appeal - Whether plaintiff entitled to interest on affirmed assessments from date of judgment - Rules of the Superior Courts, 1962 (S.I. No. 72), Or. 28, r.11; Or. 41,, r. 6; Or. 42, r. 15; Or. 58, r. 21 -Debtors (Ireland) Act, 1840 (3 4 Vict. c. 105), ss. 26, 27.

The plaintiff claimed damages from the defendant for the injuries and loss suffered by the plaintiff as the result of an accident caused by the defendant's negligence. At the trial of the action in the High Court, the jury assessed the plaintiff's damages at £64,024 which sum was the total of four distinct assessments in respect of three classes of special damage and an award of general damages. The jury also apportioned to the plaintiff 40% of the fault for the accident and judgment was entered for the plaintiff in the sum of £38,414-40 (being 60% of £64,024). On appeal by the defendant, the Supreme Court directed a retrial on the issue of general damages but otherwise affirmed the order of the High Court. Shortly after the judgment in the appeal, the defendant paid to the plaintiff the sum of £17,414-40 being 60% of the aggregate of the...

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7 cases
  • Clarke v Commissioner of an Garda Síochána
    • Ireland
    • Supreme Court
    • 31 July 2001
    ...MINISTER FOR JUSTICE, IRELAND AND THE ATTORNEY GENERAL Defendants Citations: COURTS OF JUSTICE ACT 1947 S16 O'SULLIVAN V O'DWYER (N 0 2) 1973 IR 81 MCGARRY, AG V SLIGO CO COUNCIL (NO 2) 1991 IR 99 COOKE V WALSH 1989 ILRM 322 HICKEY V NORWICH UNION FIRE INSURANCE SOCIETY LTD EX-TEMP MURPHY ......
  • Horan v Quilter
    • Ireland
    • Supreme Court
    • 1 March 2004
    ...Citations: RSC O.56 r4(F) ARBITRATION ACT 1954 S41 COURTS ACT 1981 S22 BEST V WELLCOME 1992 ILRM 609 O'SULLIVAN V DWYER (NO 2) 1973 IR 81 BEST V WELLCOME (NO 2) 1995 2 IR 393 1995 1 ILRM 554 1995/1/228 ARBITRATION ACT 1954 S34 DEBTORS (IRL) ACT 1840 S26 ARBITRATION (INTERNATIONAL COMMERC......
  • Best v Wellcome Foundation Ltd (No. 2)
    • Ireland
    • High Court
    • 3 February 1995
    ...FIRE INSURANCE LTD EX-TEMP MURPHY 23.10.87 K V K 1977 1 AER 576 LAMBERT V LAMBERT 1987 ILRM 390 COURTS ACT 1981 O'SULLIVAN V DWYER (NO 2) 1973 IR 81 DEBTORS (IRL) ACT 1840 S25 Synopsis: PRACTICE Costs Interest - Defendant - Payment - Obligation - High Court - Judgment for defendant - Appea......
  • Cooke v Walsh
    • Ireland
    • Supreme Court
    • 1 January 1989
    ...on the certified amount of the Supreme Court costs from the date of the order of the Supreme Court: ~O'Sullivan v. Dwyer (No. 2)~ [1973] I.R. 81 and ~Lambert v. Lambert~ [1987] ILRM 390 considered - Rules of the Superior Courts, 1986, order 41, r. 6; order 42, r. 15; order 58, r. 21 - Debto......
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