Protègè International Group (Cyprus) Ltd & Anor v Irish Distillers Ltd (Approved) [2020] IECA 80 (02 April 2020)

Protègè International Group (Cyprus) Ltd & Anor v Irish Distillers Ltd (Approved) [2020] IECA 80 (02 April 2020)

The appellants failed to adduce prima facie evidence that their inability to pay security for costs was caused by the respondent's alleged wrongdoing, and failed to establish that the proceedings raised issues of exceptional public importance. The High Court was entitled to order security for costs and to fix the quantum at €1 million based on the evidence before it.

Citation
[2020] IECA 80
Parties
Plaintiff/appellant: Protégé International Group (Cyprus) Limited; Plaintiff/appellant: Avalon International Management Inc.; Defendant/respondent: Irish Distillers Limited
Jurisdiction
Ireland
Judgment Date
02 April 2020
Procedural Posture
Appeal (security for Costs) / Court of Appeal Judgment on Appeal From High Court Order for Security for Costs
Outcome
Appeal dismissed
Legal Topics
Security for Costs, Abuse of Dominant Position, Competition Act 2002, Article 102 TFEU, Special Circumstances Exception, Fixing Quantum of Security
Competition Law Civil Procedure Security for Costs Abuse of Dominant Position Competition Act 2002 Article 102 TFEU Special Circumstances Exception Fixing Quantum of Security

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Parties

Protégé International Group (Cyprus) Limited

Plaintiff/appellant

Avalon International Management Inc.

Plaintiff/appellant

Irish Distillers Limited

Defendant/respondent

Procedural Posture

Appeal (security for Costs) / Court of Appeal Judgment on Appeal From High Court Order for Security for Costs

Legal Issues

  1. 1 Whether the High Court erred in ordering security for costs against the appellants
  2. 2 Whether the appellants established special circumstances to resist the order for security for costs
  3. 3 Whether the quantum of security was properly fixed without further submissions

Ratio Decidendi

The appellants failed to adduce prima facie evidence that their inability to pay security for costs was caused by the respondent's alleged wrongdoing, and failed to establish that the proceedings raised issues of exceptional public importance. The High Court was entitled to order security for costs and to fix the quantum at €1 million based on the evidence before it.

Court Disposition

Appeal dismissed

Orders

  • Order for security for costs in the amount of €1 million affirmed
  • Appellants to provide security for costs or proceedings stayed