The High Court has awarded three defendants costs totalling €3,000 plus VAT in a dispute over a €14,000 golf club joining fee, and remitted the underlying action to the District Court.
The ruling, delivered by Ms Justice Ní Raifeartaigh on 4 December 2017, concerned the defendants’ appeal over costs from an earlier summary judgment motion. The plaintiff, Mary Brennan, says she was told in 2015 that she would never be able to play golf again and could not use her membership. Her claim seeks repayment of the joining fee.
The Master had struck out the summary judgment motion because the defendants had arguable defences. The judgment identifies issues including a limitation defence, a factual dispute over whether there was an oral agreement to refund the fee, and whether the joining fee claim was or should have been included in the concluded personal injury proceedings. The Master did not strike out the action itself, which was still awaiting trial at the time of the High Court judgment.
The defendants appealed the Master’s decision to make no order as to costs. The High Court first extended the time for that appeal, which had been filed one day after the six-day limit. On the costs issue, the judge said costs generally follow the event and that departing from that rule requires a legal basis and reasons. She said sympathy for Ms Brennan’s injuries was not a basis to depart from the rule, and noted the policy of discouraging High Court proceedings where a lower court can deal with the matter.
The judge set costs for the Master’s motion at €1,000 plus VAT, including solicitor and counsel, and costs for the High Court motion at €2,000 plus VAT. She stayed enforcement until the whole case ends. If Ms Brennan succeeds, the costs may be offset against any costs awarded to her.
On remittal, the judge treated Ms Brennan’s stated consent as an application and ordered the action transferred to the District Court in which Old Conna golf club carries out its business. The judgment did not decide whether the joining fee must be refunded.