The High Court has refused to set aside a Circuit Court judgment entered in Michael Monaghan’s favour after United Drug Public Limited Company failed to deliver a defence. Mr Justice Barrett dismissed the appeal, finding that neither the interests of justice nor other special circumstances required reopening the judgment.
Mr Monaghan is seeking damages for injuries he claims to have suffered on various dates in 2010 and 2011 while employed by United Drug. The judgment does not determine those injury claims; it concerns whether the default judgment should be set aside so the defence could be heard.
The court said Royal Sun Alliance, United Drug’s insurer, denied liability in October 2010 and later entered an appearance and sought particulars. After replies were provided in November 2012, Mr Monaghan’s solicitor asked for a defence. Further requests followed, but none was delivered within the time allowed by the Circuit Court Rules.
A first motion for judgment in default of defence was struck out by consent. The Circuit Court awarded Mr Monaghan costs and gave the defendant three weeks to deliver a defence. The court said Royal Sun Alliance still did not provide one, despite further letters from Mr Monaghan’s solicitor.
A second default motion was served on Royal Sun Alliance in July 2013. The parties agreed it was duly served, but the insurer lost the motion and supporting affidavit, which were never located. On 30 July 2013, the County Registrar, satisfied that service had taken place, ordered judgment for Mr Monaghan in default of defence.
Royal Sun Alliance argued that the judgment should be set aside so the defence could be heard. The High Court considered the general preference for resolving disputes on their merits, but also noted the repeated delay, breach of procedural rules and failure to comply with the Circuit Court’s extension order. It concluded that any dispute over the insurer’s conduct was a matter between United Drug and Royal Sun Alliance, and that the consequences should not be imposed on Mr Monaghan, whose advisers had complied with the applicable rules and professional courtesies.
The appeal was dismissed. The Circuit Court’s default judgment remained in place; the High Court did not decide the underlying injury claim.