The High Court allowed Nurendale Limited, trading as Panda Waste Services, to defend a claim by Eugene O’Connor over alleged damage to a wall at St George’s Church, Hardwicke Place, Dublin 1. The ruling set aside a default judgment, subject to conditions; it did not decide whether the company was liable for the damage.
Mr Justice Hogan delivered judgment on 22 October 2010 on the company’s appeal from a Circuit Court order refusing to set aside judgment entered in Mr O’Connor’s favour on 12 April 2010. Mr O’Connor claimed €18,846, alleging that a skip offloaded by the company on 5 November 2007 damaged the stone supporting railings around a site at the church and caused displacement of stone capping and partial collapse of a wall. The company denied liability in full.
The company had entered an appearance but had not filed a defence despite court orders giving it additional time. Its solicitor acknowledged that a motion for judgment had been served on her office but said, in an affidavit, that human error meant it was not handled diligently. The company was unrepresented at the hearing that resulted in judgment. The judge also took account of the company’s counsel having been seriously ill during part of the relevant period.
Mr Justice Hogan said the delays would have been frustrating for the plaintiff, but found that the company should be allowed to defend the claim unless the plaintiff’s case was unanswerable or nearly so, or the delays had caused irremediable prejudice. He said he could not assess the merits on the material before him and expressed no view on whether the claim was strong. He also said the plaintiff’s argument that the company had not inspected the site immediately after the incident did not directly bear on the claim’s strength.
The company must keep €18,066.25 lodged in court pending determination of the proceedings and deliver its defence within one week of the judgment. The judge said he could not then envisage extending that deadline. He proposed awarding the costs of the appeal to the plaintiff, subject to hearing counsel, and directed that once pleadings were closed the plaintiff could seek the earliest available trial date convenient to the parties.