Newlyn Developments Ltd & anor -v- Murphy Concrete (Manufacturing) Ltd & anor [2015] IECA 294 (21 December 2015)

Newlyn Developments Ltd & anor -v- Murphy Concrete (Manufacturing) Ltd & anor [2015] IECA 294 (21 December 2015)

The Court of Appeal held that in the Marchbury case, MCM failed to objectively demonstrate a prima facie defence, offering only denials and traverses without evidential support, and thus security for costs was properly refused. In the Newlyn case, special circumstances existed due to the public importance and broader implications of the legal issues, justifying refusal of security for costs. The appeals were dismissed.

Citation
[2015] IECA 294
Parties
Respondent: Newlyn Developments Limited; Respondent: Marchbury Properties Limited; Appellant: Murphy Concrete (Manufacturing) Limited; Appellant: TRD Developments and Construction Limited
Jurisdiction
Ireland
Judgment Date
21 December 2015
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court Orders Refusing Security for Costs
Outcome
appeal dismissed
Legal Topics
Security for Costs, Pure Economic Loss, Duty of Care, Statute of Limitations, Special Circumstances Exception, Indemnity, Defective Products Liability
Civil Procedure Company Law Tort Law Contract Law Security for Costs Pure Economic Loss Duty of Care Statute of Limitations +3 more

Case Brief

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Parties

Newlyn Developments Limited

Respondent

Marchbury Properties Limited

Respondent

Murphy Concrete (Manufacturing) Limited

Appellant

TRD Developments and Construction Limited

Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court Orders Refusing Security for Costs

Legal Issues

  1. 1 Whether the appellants established a prima facie defence to the respondents' claims to justify security for costs under s. 390 of the Companies Act 1963
  2. 2 Whether special circumstances existed to justify refusal of security for costs orders

Ratio Decidendi

The Court of Appeal held that in the Marchbury case, MCM failed to objectively demonstrate a prima facie defence, offering only denials and traverses without evidential support, and thus security for costs was properly refused. In the Newlyn case, special circumstances existed due to the public importance and broader implications of the legal issues, justifying refusal of security for costs. The appeals were dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeals by Murphy Concrete (Manufacturing) Ltd. against refusal of security for costs are dismissed.