Offrey v. Ryan

Offrey v. Ryan

The plaintiff was a nominal plaintiff prosecuting a subrogated insured claim, failed to disclose his financial position despite court order, and there was reasonable belief he lacked sufficient assets in Canada to pay the defendants' costs; accordingly the court ordered security for costs in the amount of $5,000 with liberty to seek further security as costs are incurred.

Citation
2003 FCT 35
Parties
Plaintiff: Rex Offrey; Defendant: Philip Ryan; Defendant: Anthony Ryan; Defendant: The Vessel Avalon Mist et al; Defendant: Martin Caines; Defendant: The Vessel Wally and Sisters et al
Court
Federal Court
Jurisdiction
Canada
Judgment Date
16 January 2003
Procedural Posture
Maritime Collision; Subrogated Insurance Claim; Security for Costs Application / Motion Decided (security for Costs Under Rule 416(1)(b))
Outcome
Order granted: plaintiff required to post security for costs.
Legal Topics
Security for Costs, Subrogation, Nominal Plaintiff, Costs Orders, Federal Court Rules
Source Language
English
Maritime Law Insurance Law Civil Procedure Security for Costs Subrogation Nominal Plaintiff Costs Orders Federal Court Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Rex Offrey

Plaintiff

Philip Ryan

Defendant

Anthony Ryan

Defendant

The Vessel Avalon Mist et al

Defendant

Martin Caines

Defendant

The Vessel Wally and Sisters et al

Defendant

Procedural Posture

Maritime Collision; Subrogated Insurance Claim; Security for Costs Application / Motion Decided (security for Costs Under Rule 416(1)(b))

Legal Issues

  1. 1 Whether the plaintiff is a nominal plaintiff for the purposes of Rule 416(1)(b)
  2. 2 Whether there is reason to believe the plaintiff lacks sufficient assets in Canada to pay costs
  3. 3 Whether security for costs should be ordered and in what amount

Ratio Decidendi

The plaintiff was a nominal plaintiff prosecuting a subrogated insured claim, failed to disclose his financial position despite court order, and there was reasonable belief he lacked sufficient assets in Canada to pay the defendants' costs; accordingly the court ordered security for costs in the amount of $5,000 with liberty to seek further security as costs are incurred.

Court Disposition

Order granted: plaintiff required to post security for costs.

Orders

  • Plaintiff to post security for costs in the amount of $5,000 within 30 days of the order.
  • Defendants granted liberty to seek additional security as costs are incurred or reasonably anticipated to be incurred.