Court of Appeal rules on costs in Yeoksee Ooi vs Ireland

Court of Appeal rules on costs in Yeoksee Ooi vs Ireland

The Court of Appeal delivered its judgment on 21 February 2025, concerning an appeal by Yeoksee Ooi against an order of the High Court. The High Court had previously refused the application by Promontoria Scariff DAC to strike out the appellant's proceedings and also denied the appellant's request for an interlocutory injunction.

The appeal was dismissed by the Court of Appeal, alongside Promontoria's cross-appeal against the High Court's decision to not strike out the proceedings. The Court's provisional view, as noted in paragraph 36 of the judgment, was that Promontoria, having been entirely successful in opposing the appeal, was entitled to its costs.

In subsequent correspondence, the appellant acknowledged the principle of 'costs follow the event' and conceded costs related to the motion that was refused. Promontoria submitted its claims for costs on 28 February 2025, seeking costs for a motion initiated by the appellant on 27 November 2024. This motion, which was resolved by consent, sought to extend an interim injunction and admit further evidence on appeal. However, since the court order did not address costs for this motion, Promontoria was not granted an order for costs related to it.

After reviewing the submissions, the Court of Appeal issued the following orders regarding costs: an order in favour of Promontoria against the appellant for the costs of the appeal, including all reserved costs, to be adjudicated if not agreed upon. No order was made concerning the costs of Promontoria's cross-appeal.

This ruling was delivered electronically, with the approval of Costello P and McDonald J being recorded. The case highlights the procedural nuances and considerations in awarding costs, particularly in complex litigation involving multiple parties and appeals.

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