Member Login

Prima facie defence established due to uncertainty over the governing contractual terms

By: Hannah Godfrey BL

or click here to request site subscription to search and view all judgments

High Court remits summary proceedings to plenary hearing, finding that: (a) the defendants had established, prima facie, a bona fide defence in respect of questions arising as to which contractual terms governed the invoices for the relevant period; and (b) the second purported bona fide defence as to alleged breach of protocols in the contract justifying the non-payment of invoices was not made out.

Application for summary judgment in the sum of €749,353.40 due and owing to the plaintiff by the first defendant - alternative claim for individual sums adding up to approximately that amount from the second to sixth defendants - plaintiff provides and recruits temporary/relief staff in the health care sector - defendants are owners and/or operators of nursing homes - first defendant was at all material times responsible for management of second to sixth defendants - invoices over a period of two years unpaid for services provided by the plaintiff - judgment previously given by High Court - judgment then set aside when it was determined that defendants' non-appearance was inadvertent - de novo hearing of the motion for judgment - whether bona fide defence established - whether the exhibited service level agreement was in fact the contract governing the relationship between the parties - whether due to alleged non-compliance with contractual conditions or 'protocols' the defendants were not obliged to pay the invoices.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

Leave a Comment

Your email address will not be published. Required fields are marked *