The Court of Appeal has affirmed a High Court order requiring O’Kane Engineering Limited to pay Emcon Systems Limited €71,890 in a dispute over emergency lighting works at the Royal Hospital, Kilmainham.
Emcon was engaged as a subcontractor to supply and install a specialist emergency lighting system in the part of the hospital now occupied by the Irish Museum of Modern Art. O’Kane Engineering appealed the High Court’s summary judgment, arguing that the case should instead proceed to a plenary hearing.
O’Kane Engineering said Emcon had not produced or proved invoices to its satisfaction under the contract. It also disputed the quantities of some equipment supplied, contending that invoices and batches of items had not been fully accounted for or reconciled. The Court of Appeal noted that, considered in isolation, those issues might amount to an arguable defence under the test for summary judgment.
The appeal turned on correspondence from the Office of Public Works, the ultimate employer on the project. A letter from its Chief Mechanical Electrical Engineer, Jim O’Sullivan, said Emcon’s work had been completed to the OPW’s satisfaction and that the consulting engineers had approved it at handover. The letter also said the final costs, including adjustments to tendered amounts, had been agreed with Emcon and O’Kane Engineering, included in the certified final account, and that retained money on the contract did not relate to Emcon’s work. Hogan J. recorded that this account was uncontradicted.
Hogan J. concluded that the OPW correspondence undermined the credibility of the proposed defence based on unreconciled invoices and disputed quantities. He held that O’Kane Engineering had not raised an argument that could realistically be regarded as credible and would affirm the High Court’s decision.
The Court of Appeal therefore affirmed the existing order for summary judgment. The judgment did not direct a plenary hearing; it upheld the High Court’s award of €71,890.