Mooreview Developments Ltd & ors -v- First Active Plc & ors [2013] IEHC 370 (31 May 2013)

Mooreview Developments Ltd & ors -v- First Active Plc & ors [2013] IEHC 370 (31 May 2013)

The High Court has jurisdiction to hear an appeal from the Master on security for costs fixed pursuant to a Supreme Court order. The Master's assessment was not supported by the evidence, and the costs as proposed by the applicants and their legal costs accountants are reasonable in the absence of any meaningful alternative evidence. The usual one third rule applies to Mr. Cunningham as a non-corporate litigant. Security for costs is to be fixed in the amounts agreed by the parties, subject to VAT and adjustments.

Citation
[2013] IEHC 370
Parties
Plaintiff: Mooreview Developments Limited; Plaintiff: Salthill Properties Limited; Plaintiff: Valebrook Developments Limited; Plaintiff: Springside Properties Limited; Plaintiff: Drake S. C. Limited; Plaintiff: Malldro S. C. Limited; Plaintiff: The Poppintree Mall Limited; Plaintiff: Blondon Properties Limited; Plaintiff: Brian Cunningham; Plaintiff: Poterridge Trading Limited; Plaintiff: Kanwell Developments Limited; Defendant: First Active Plc; Defendant: Ray Jackson; Defendant: Bernard Duffy; Defendant: Salthill Properties Limited; Defendant: Springside Properties Limited
Jurisdiction
Ireland
Judgment Date
31 May 2013
Procedural Posture
Civil / Appeal From Master's Order on Security for Costs, High Court Review of Master's Decision as Remitted by Supreme Court
Outcome
Appeal allowed in part; Master's order set aside to the extent inconsistent with this judgment; security for costs fixed in the amounts agreed by the parties, subject to VAT and adjustments.
Legal Topics
Security for Costs, Appeals, Costs Orders, Insolvency, Banking Litigation
Civil Procedure Banking Law Security for Costs Appeals Costs Orders Insolvency Banking Litigation

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Parties

Mooreview Developments Limited

Plaintiff

Salthill Properties Limited

Plaintiff

Valebrook Developments Limited

Plaintiff

Springside Properties Limited

Plaintiff

Drake S. C. Limited

Plaintiff

Malldro S. C. Limited

Plaintiff

The Poppintree Mall Limited

Plaintiff

Blondon Properties Limited

Plaintiff

Brian Cunningham

Plaintiff

Poterridge Trading Limited

Plaintiff

Kanwell Developments Limited

Plaintiff

First Active Plc

Defendant

Ray Jackson

Defendant

Bernard Duffy

Defendant

Salthill Properties Limited

Defendant

Springside Properties Limited

Defendant

Procedural Posture

Civil / Appeal From Master's Order on Security for Costs, High Court Review of Master's Decision as Remitted by Supreme Court

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear an appeal from the Master on security for costs fixed pursuant to a Supreme Court order
  2. 2 Whether the Master's assessment of security for costs was reasonable and based on evidence
  3. 3 What is the appropriate amount of security for costs in the circumstances

Ratio Decidendi

The High Court has jurisdiction to hear an appeal from the Master on security for costs fixed pursuant to a Supreme Court order. The Master's assessment was not supported by the evidence, and the costs as proposed by the applicants and their legal costs accountants are reasonable in the absence of any meaningful alternative evidence. The usual one third rule applies to Mr. Cunningham as a non-corporate litigant. Security for costs is to be fixed in the amounts agreed by the parties, subject to VAT and adjustments.

Court Disposition

Appeal allowed in part; Master's order set aside to the extent inconsistent with this judgment; security for costs fixed in the amounts agreed by the parties, subject to VAT and adjustments.

Orders

  • Security for costs to be lodged in accordance with Supreme Court orders and this judgment.
  • Security for costs fixed at €339,571.07 for First Active Plc and €124,500.00 for Ray Jackson, inclusive of VAT and adjustments.