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IEHC 480 ECLI:IE:HC:2022:480 AI generated

High Court grants security for costs against a foreign company due to non-resident status and financial risk.

Case Number IEHC 480
Court / Authority
Jurisdiction Ireland (IE)
Decision Date
Outcome Allowed / Granted
Machine-readable Markdown (.md)

Legislator summary

AI generated

The High Court granted an order for security for costs against the Defendant, Fanplex Limited. The court found that the Defendant is a non-resident company with no assets in Ireland, creating a significant risk of non-enforcement if the Plaintiff loses. Consequently, the court ordered the Defendant to provide security to protect the Plaintiff's potential claim.

Legislator headnote

AI generated

Rules of Superior Courts 1986, s. 100; s. 101: A court may order security for costs where a defendant is a non-resident or lacks sufficient assets to satisfy a judgment, ensuring the plaintiff's rights are protected.

Keywords

AI generated
security for costs non-resident defendant foreign company enforcement risk Rules of Superior Courts financial solvency costs order

Cited Legislation

AI generated
Rules of Superior Courts 1986, s. 100
Rules of Superior Courts 1986, s. 101

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Full text

THE HIGH COURT

[2022] IEHC 480

Record No. 2021/3551 P

BETWEEN

FANPLEX LIMITED

APPLICANT

- AND –

BANDAN PROPERTIES LIMITED

RESPONDENTS

DECISION of Mr. Justice Brian O’Moore delivered the 28th day of July 2022

1. Having considered the evidence, the written submissions and the oral submissions I have decided that an order for security for costs sought by the Defendant should be made.

2. At the conclusion of the hearing of the motion, counsel for the Plaintiff sought to reserve his position in respect of the "the correct order that would be fashioned if you are against me on security for costs." Given that I have now decided against the Plaintiff on security for costs. I will list this matter for 10 am on the 28th of September to deal with any issues that properly arise in respect of the order that I propose to make.