Boyle & Anor v. McGilloway [2006] IEHC 37 (19 January 2006)

Boyle & Anor v. McGilloway [2006] IEHC 37 (19 January 2006)

Security for costs is ordered against corporate counterclaimants (second and third defendants) under section 390 Companies Act 1963, as the only substantive proceedings remaining are the counterclaim and no special circumstances have been established to resist the order. No jurisdiction exists to order security for costs against the individual defendant resident in the jurisdiction.

Citation
[2006] IEHC 37
Parties
Applicant: Edmond Boyle; Applicant: Ann Boyle; Respondent: McGilloway
Jurisdiction
Ireland
Judgment Date
19 January 2006
Procedural Posture
Application for Security for Costs / Post Striking Out of Defence, Counterclaim Only Remains
Outcome
Security for costs ordered against second and third defendants; application refused against first defendant; costs reserved to trial judge.
Legal Topics
Security for Costs, Counterclaim, Companies Act 1963 Section 390, Order 29 Rules of Superior Courts
Civil Procedure Company Law Security for Costs Counterclaim Companies Act 1963 Section 390 Order 29 Rules of Superior Courts

Case Brief

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Parties

Edmond Boyle

Applicant

Ann Boyle

Applicant

McGilloway

Respondent

Procedural Posture

Application for Security for Costs / Post Striking Out of Defence, Counterclaim Only Remains

Legal Issues

  1. 1 Whether the court has jurisdiction to order security for costs against counterclaiming defendants
  2. 2 Whether security for costs can be ordered against individual and corporate defendants
  3. 3 Existence of special circumstances to resist security for costs

Ratio Decidendi

Security for costs is ordered against corporate counterclaimants (second and third defendants) under section 390 Companies Act 1963, as the only substantive proceedings remaining are the counterclaim and no special circumstances have been established to resist the order. No jurisdiction exists to order security for costs against the individual defendant resident in the jurisdiction.

Court Disposition

Security for costs ordered against second and third defendants; application refused against first defendant; costs reserved to trial judge.

Orders

  • Security for costs to be given by second and third defendants; quantum to be fixed by the Master.
  • Costs of application reserved to trial judge.