Superwood Holdings Plc & Ors v. Sun Alliance and London Insurance Plc t/a Sun Alliance Insurance Group & Ors [2004] IESC 19 (15 March 2004)

Superwood Holdings Plc & Ors v. Sun Alliance and London Insurance Plc t/a Sun Alliance Insurance Group & Ors [2004] IESC 19 (15 March 2004)

The Supreme Court has inherent jurisdiction to strike out an appeal where a company fails to furnish security for costs as ordered under s. 390 of the Companies Act 1963, and there is no reasonable prospect of compliance; this jurisdiction is not inconsistent with constitutional rights of appeal or fair procedures.

Citation
[2004] IESC 19
Parties
Appellant/plaintiff: Superwood Holdings Plc; Appellant/plaintiff: Superwood Limited; Appellant/plaintiff: Superwood Exports Limited; Appellant/plaintiff: Superwood International Limited; Appellant/plaintiff: Superchip Limited; Appellant/plaintiff: Superwood (U.K.) Limited; Respondent/defendant: Sun Alliance and London Insurance Plc t/a Sun Alliance Insurance Group; Respondent/defendant: Prudential Assurance Company Limited; Respondent/defendant: Church and General Insurance Company Limited; Respondent/defendant: Raymond P. McGovern as Lloyds Underwriters Sole General Representative Republic of Ireland
Jurisdiction
Ireland
Judgment Date
15 March 2004
Procedural Posture
Appeal / Application to Dismiss/strike Out Appeal for Failure to Furnish Security for Costs
Outcome
appeal struck out
Legal Topics
Security for Costs, Inherent Jurisdiction, Constitutional Right of Appeal, Fraudulent Insurance Claims, Fair Procedures
Civil Procedure Insurance Law Company Law Security for Costs Inherent Jurisdiction Constitutional Right of Appeal Fraudulent Insurance Claims Fair Procedures

Case Brief

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Parties

Superwood Holdings Plc

Appellant/plaintiff

Superwood Limited

Appellant/plaintiff

Superwood Exports Limited

Appellant/plaintiff

Superwood International Limited

Appellant/plaintiff

Superchip Limited

Appellant/plaintiff

Superwood (U.K.) Limited

Appellant/plaintiff

Sun Alliance and London Insurance Plc t/a Sun Alliance Insurance Group

Respondent/defendant

Prudential Assurance Company Limited

Respondent/defendant

Church and General Insurance Company Limited

Respondent/defendant

Raymond P. McGovern as Lloyds Underwriters Sole General Representative Republic of Ireland

Respondent/defendant

Procedural Posture

Appeal / Application to Dismiss/strike Out Appeal for Failure to Furnish Security for Costs

Legal Issues

  1. 1 Whether the court has inherent jurisdiction to strike out an appeal for failure to furnish security for costs under s. 390 Companies Act 1963
  2. 2 Whether such jurisdiction is consistent with constitutional rights of appeal and fair procedures

Ratio Decidendi

The Supreme Court has inherent jurisdiction to strike out an appeal where a company fails to furnish security for costs as ordered under s. 390 of the Companies Act 1963, and there is no reasonable prospect of compliance; this jurisdiction is not inconsistent with constitutional rights of appeal or fair procedures.

Court Disposition

appeal struck out

Orders

  • Plaintiffs' appeal dismissed/struck out for failure to furnish security for costs.
  • Plaintiffs' applications for extension of time, amendment of notice of appeal, and declaration of adequate security dismissed.