Irish Court of Appeal

THE COURT OF APPEAL

CIVIL

 

Neutral Citation Number: [2025] IECA 51

 

Court of Appeal Record Number: 2024/270

 

High Court Record Number: 2024/698P

 

Costello P.

Meenan J.

McDonald J.

 

 

BETWEEN/

 

 

YEOKSEE OOI

 

 

PLAINTIFF/APPELLANT

 

 

- AND –

 

 

IRELAND, THE ATTORNEY GENERAL, BRIAN MCDONAGH & PROMONTORIA SCARIFF DAC

 

DEFENDANTS/RESPONDENTS

 

 

 

RULING ON COSTS delivered by Mr. Justice Charles Meenan the 28th day of February 20

1.             On 21 February 2025 the court delivered its judgment in the appellant's appeal against an order of the High Court (Cahill J.) refusing the third named respondents (Promontoria) application to strike out the appellant's proceedings and refusing the appellant's application for an interlocutory injunction.

2.             The appellant's appeal was dismissed as was Promontoria's cross-appeal against the order of the High Court refusing to strike out the proceedings.

3.             At the conclusion of the judgment (at paragraph 36) the provisional view of the court was expressed that as Promontoria had been "wholly successful" in opposing the appeal it was entitled to its costs.

4.             Subsequently, in correspondence received from the appellant, the following was stated: -

"For the avoidance of doubt and in keeping with the policy of 'costs follow the event' I do concede costs on my motion which was refused."

5.             Promontoria delivered its submissions on 28 February 2025.  In the course of these submissions Promontoria sought the costs of a motion issued by the appellant on 27 November 2024 returnable to 13 December 2024.  The reliefs sought in this motion included an order extending the interim injunction granted by the High Court and an order permitting the admittance of further evidence in the appeal.  The motion was dealt with by consent of the parties and the subsequent order of the court made no reference to costs.  In these circumstances Promontoria wil not be granted an order for costs in respect of the said motion. 

6.             Having regard to the submissions received by the parties the following orders for costs will be made: -

(1)     An order for costs in favour of the third named respondent (Promontoria) against the appellant in respect of the costs of the appellant's appeal to include all reserved costs such costs to be adjudicated in default of agreement.

(2)     No order as to the costs associated with Promontoria's cross-appeal.

7. As this ruling is being delivered electronically Costello P and McDonald J have authorised me to record their approval