M.R. -v- B.M. [2011] IEHC 558 (03 June 2011)

M.R. -v- B.M. [2011] IEHC 558 (03 June 2011)

The court has jurisdiction to order security for costs in nullity proceedings. The applicant wife does not qualify for security under O.70, r.75 as she has a separate estate. The respondent has a defence on the merits, but the court's discretion is exercised in favour of granting security for costs due to substantial delay and potential oppression caused by the respondent's conduct.

Citation
[2011] IEHC 558
Parties
Applicant: M. R.; Respondent: B. M.
Jurisdiction
Ireland
Judgment Date
03 June 2011
Procedural Posture
Family Law Application (divorce/nullity/security for Costs) / Interlocutory Application for Security for Costs Prior to Trial
Outcome
Order for security for costs granted against the respondent.
Legal Topics
Divorce, Nullity of Marriage, Security for Costs, Jurisdiction, Estoppel
Family Law Civil Procedure Divorce Nullity of Marriage Security for Costs Jurisdiction Estoppel

Case Brief

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Parties

M. R.

Applicant

B. M.

Respondent

Procedural Posture

Family Law Application (divorce/nullity/security for Costs) / Interlocutory Application for Security for Costs Prior to Trial

Legal Issues

  1. 1 Whether an order for security for costs can be made in nullity proceedings relating to marital status
  2. 2 Whether the applicant wife is entitled to security for costs under O.29 or O.70, r.75 of the Rules of the Superior Courts
  3. 3 Whether the respondent has a defence on the merits to the nullity claim

Ratio Decidendi

The court has jurisdiction to order security for costs in nullity proceedings. The applicant wife does not qualify for security under O.70, r.75 as she has a separate estate. The respondent has a defence on the merits, but the court's discretion is exercised in favour of granting security for costs due to substantial delay and potential oppression caused by the respondent's conduct.

Court Disposition

Order for security for costs granted against the respondent.

Orders

  • Petitioner/respondent directed to provide security for costs.
  • Liberty to applicant wife to apply to the Master to have the terms of security fixed.