The High Court has restored a €29,919.16 judgment against a butcher in a dispute over money claimed for meat and related services, ruling that the proceedings had been served in accordance with court rules.
Kearns P. delivered judgment on 11 April 2014 in an appeal by Ashbourne Beef and Lamb Limited, trading as Brindley Park Meats, against Michael Woods, trading as Quality Meats. The company had sought to recover the debt through a civil bill issued in February 2011. Woods did not enter an appearance, and judgment in default was entered in the Circuit Court office in March 2011 for €29,919.16, plus €624 in costs.
Woods later applied to set the judgment aside. He said he had not received the proceedings and denied owing the money. He said he learned of them when served with an equity civil bill seeking well-charging relief in February 2013. The company’s replying affidavit said Woods had previously lived at the address used for service and referred to a summons server’s affidavit stating that the server had spoken to him there.
The Circuit Court set aside the judgment on 3 December 2013. On appeal, the company argued that service outside the jurisdiction by registered post was permitted under Order 14 of the Circuit Court Rules, and that judgment could then be entered under Order 26. Woods argued that Order 14B required the court’s leave before judgment in default and that service should have been personal.
The High Court held that the claim, for money due for services, fell under Order 14 and that registered-post service outside the jurisdiction complied with the rules. It also considered whether Woods had shown a reasonable prospect of defending the claim, explaining that a regular judgment could be set aside where fairness required an opportunity to defend.
The court found no reasonable prospect of success had been shown: there was no draft defence, only a general assertion in Woods’s affidavit that the money was not due. It therefore declined to set aside the judgment. Kearns P. vacated the Circuit Court order and allowed judgment in default of appearance against Woods for €29,919.16. The judgment does not include the additional €624 in costs in its final order.