European Fashion Products Ltd. v. Eenkhoorn [2001] IEHC 181 (21st December, 2001)
Security for costs cannot be ordered against EU resident plaintiffs; discovery is granted as documents sought are prima facie relevant; joinder of third parties is adjourned due to insufficient information.
- Citation
- [2001] IEHC 181
- Parties
- First Defendant: Mr. Eenkhoorn; First Plaintiff: Plaintiff company; Second Plaintiff: Second plaintiff; Third Plaintiff: Third plaintiff
- Jurisdiction
- Ireland
- Procedural Posture
- Interlocutory Application / Interim Orders
- Outcome
- Application for joinder adjourned; application for security for costs refused; application for discovery granted.
- Legal Topics
- Joinder of Parties, Security for Costs, Discovery of Documents
Case Brief
Summary, issues, holding and outcome
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Parties
Mr. Eenkhoorn
First Defendant
Plaintiff company
First Plaintiff
Second plaintiff
Second Plaintiff
Third plaintiff
Third Plaintiff
Procedural Posture
Interlocutory Application / Interim Orders
Legal Issues
- 1 Whether proposed third parties should be joined
- 2 Whether security for costs should be ordered against personal plaintiffs
- 3 Whether discovery of documents should be ordered
Ratio Decidendi
Security for costs cannot be ordered against EU resident plaintiffs; discovery is granted as documents sought are prima facie relevant; joinder of third parties is adjourned due to insufficient information.
Court Disposition
Application for joinder adjourned; application for security for costs refused; application for discovery granted.
Orders
- Paragraph 1 in Notice of Motion adjourned generally with liberty to re-enter.
- Security for costs against personal plaintiffs refused.
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