Taylor v. Smyth

1981 No. 4617P and S.C. Nos. 172/173/174 of 1989, [1991] IR 158, 1990 WJSC-SC 1317 (1990)

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Taylor v. Smyth

Ireland Supreme Court
1981 No. 4617P and S.C. Nos. 172/173/174 of 1989, [1991] IR 158, 1990 WJSC-SC 1317 (1990)

Facts

Philip Smyth (defendant) controlled Kape Investments Ltd. (Kape), Calla Associates Ltd. (Calla), and Calder (collectively, defendants). Sidney Taylor (plaintiff) sued Smyth, Kape, Calla, and Calder, alleging that they engaged in a breach-of-contract conspiracy that caused him harm. The trial court found for Taylor. Smyth appealed, arguing that he could not have conspired with Kape, Calla, or Calder because he controlled all three companies and could not have conspired with himself. Smyth also lamented the public opprobrium that he asserted accompanied being found to have participated in a civil conspiracy.

Rule of Law

Issue

Holding and Reasoning (McCarthy, J.)

Concurrence (Hederman, J.)

Concurrence (Finlay, C.J.)

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