Member Login

Security for costs should not have been granted where pleadings had not established a prima facie defence

By: Colm Scott Byrne BL

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

Court of Appeal allows appeal and overturns a decision of the High Court that the plaintiff provide security for the costs of the defendants in the amount of €220,000, and a stay on the proceedings until the security for the costs awarded had been provided, on the grounds that the trial judge erred in law in holding that the defendant had established a prima facie defence to its claim.

Costello J (nem diss): Security for costs - appeal of a decision of the High Court that the plaintiff provide security for the costs of the defendants in the amount of €220,000, and a stay on the proceedings until the security for the costs awarded had been provided - Order 29, rule 1 of the Rules of the Superior Courts - section 52 of the Companies Act 2014 - whether the defendant had a prima facie defence - prima facie defence must be established by the pleadings - appeal allowed.

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Your email address will not be published.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 *