Judgment: 2017-02-20 · Court archive

High Court sets aside default judgment against playground equipment company

The court allowed the third defendant to reopen the case after finding it had a bona fide defence and that setting aside the judgment would not substantially prejudice the minor plaintiff.

High Court · [2017] IEHC 97

Who, what, where, when and why

Who
  • Wicklow County Council
  • Go Play Limited (Defendant)
  • Helen McNeive
What

The court allowed the third defendant to reopen the case after finding it had a bona fide defence and that setting aside the judgment would not substantially prejudice the minor plaintiff.

Where

Places mentioned in the report

  • Ballywaltrim Community Centre
  • Bray
When

Judgment:

Why

Reasons reported in the judgment

The judge found no real prejudice to the plaintiff, who remained a minor, and concluded that Go Play had established a bona fide defence. Considering the circumstances and the interests of justice, he set aside the default judgment. The ruling concerned only that procedural application; the underlying liability claim remained unresolved.

The High Court set aside a judgment entered in default of appearance against Go Play Limited in a personal injuries case arising from a child’s fall from playground monkey bars in Bray.

The order, made by Mr Justice Eagar on 20 February 2017, allows the claim against the third defendant to proceed. It does not decide whether any defendant was responsible for the child’s injuries or determine the amount of any damages.

The plaintiff, a minor, attended a summer drama camp organised by Helen McNeive, trading as Performers Theatre School. On 9 July 2013, she fell from monkey bars at Ballywaltrim Community Centre, whose premises are owned by Wicklow County Council. The judgment records that the child had enrolled in the camp for a fee of €40 per week.

In February 2016, the court entered judgment against Go Play Limited in default of appearance, ordering that the plaintiff recover an amount to be assessed. The company applied under Order 13, Rule 11 of the Rules of the Superior Courts to have that judgment set aside. The judgment records that the other two defendants had not filed defences and that no assessment application had been made against Go Play.

Go Play acknowledged administrative oversight in responding to the proceedings. It said that correspondence had not been brought to the attention of the appropriate people amid personnel changes and an incorrect assumption about the insurers’ handling of the claim. The company argued that it had a bona fide defence: it said the playground equipment was supplied by Wicksteed, a UK company, and installed by Malcolm Broadstock, and that it had not repaired or modified the monkey bars or their safety surface before the accident.

The plaintiff opposed the application, arguing that Go Play had not provided convincing evidence for its proposed defence. The plaintiff relied in part on a playground sign stating “Designed and installed by Go Play Limited”. After a joint site inspection, however, the parties’ evidence substantially agreed that Wicksteed supplied the equipment and Broadstock installed it; the court said that information came from Wicklow County Council.

The judge found no real prejudice to the plaintiff, who remained a minor, and concluded that Go Play had established a bona fide defence. Considering the circumstances and the interests of justice, he set aside the default judgment. The ruling concerned only that procedural application; the underlying liability claim remained unresolved.

Read the original court judgment

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