E.L. -v- S.K. [2011] IEHC 557 (18 February 2011)

E.L. -v- S.K. [2011] IEHC 557 (18 February 2011)

The respondent wife failed to establish that the petitioner husband is not ordinarily resident in the jurisdiction, and the existence of assets and ongoing involvement with Irish authorities and proceedings indicate amenability to court process. Even if ordinary residence was not established, the court would not exercise its discretion to order security for costs given the circumstances. The application for costs de die in diem also fails due to the respondent wife's significant assets.

Citation
[2011] IEHC 557
Parties
Petitioner: E. L.; Respondent: S. K.
Jurisdiction
Ireland
Judgment Date
18 February 2011
Procedural Posture
Application for Security for Costs in Nullity Proceedings / Interlocutory Application
Outcome
Application refused
Legal Topics
Nullity of Marriage, Security for Costs, Costs in Matrimonial Proceedings, Ordinary Residence
Family Law Civil Procedure Nullity of Marriage Security for Costs Costs in Matrimonial Proceedings Ordinary Residence

Case Brief

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Parties

E. L.

Petitioner

S. K.

Respondent

Procedural Posture

Application for Security for Costs in Nullity Proceedings / Interlocutory Application

Legal Issues

  1. 1 Whether the respondent wife is entitled to security for costs against the petitioner husband in nullity proceedings
  2. 2 Whether the petitioner husband is ordinarily resident in the jurisdiction for the purposes of Order 29 of the Rules of the Superior Courts
  3. 3 Whether the respondent wife is entitled to an order for costs de die in diem under Order 70, rule 75

Ratio Decidendi

The respondent wife failed to establish that the petitioner husband is not ordinarily resident in the jurisdiction, and the existence of assets and ongoing involvement with Irish authorities and proceedings indicate amenability to court process. Even if ordinary residence was not established, the court would not exercise its discretion to order security for costs given the circumstances. The application for costs de die in diem also fails due to the respondent wife's significant assets.

Court Disposition

Application refused

Orders

  • Reliefs sought in paragraphs 1 and 2 of the notice of motion are refused