Tir Na N-Og Projects (Ireland) Ltd. v P.J. O'Driscoll & Sons (A Firm) & Ors [2019] IECA 154 (31 May 2019)

Tir Na N-Og Projects (Ireland) Ltd. v P.J. O'Driscoll & Sons (A Firm) & Ors [2019] IECA 154 (31 May 2019)

The respondent adduced sufficient prima facie evidence that its inability to pay costs resulted from the alleged negligent wrongdoing of the appellant firm, satisfying the threshold for special circumstances under s.52 of the Companies Act 2014; therefore, the order for security for costs was properly refused.

Citation
[2019] IECA 154
Parties
Plaintiff/respondent: Tír na n-Óg Projects (Ireland) Limited; Defendant/appellant: P. J. O'Driscoll & Sons (A Firm); Defendant/appellant: P. J. O'Driscolls (A Firm); Defendant/appellant: Fergus Appelbe
Jurisdiction
Ireland
Judgment Date
31 May 2019
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Security for Costs, Special Circumstances, Professional Negligence, Impecuniosity, Prima Facie Standard
Civil Procedure Company Law Professional Negligence Security for Costs Special Circumstances Impecuniosity Prima Facie Standard

Case Brief

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Parties

Tír na n-Óg Projects (Ireland) Limited

Plaintiff/respondent

P. J. O'Driscoll & Sons (A Firm)

Defendant/appellant

P. J. O'Driscolls (A Firm)

Defendant/appellant

Fergus Appelbe

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the respondent's inability to pay costs was caused by the alleged negligence of the appellants
  2. 2 Whether special circumstances exist to justify refusal of security for costs
  3. 3 Whether the appellants established a bona fide defence

Ratio Decidendi

The respondent adduced sufficient prima facie evidence that its inability to pay costs resulted from the alleged negligent wrongdoing of the appellant firm, satisfying the threshold for special circumstances under s.52 of the Companies Act 2014; therefore, the order for security for costs was properly refused.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; High Court order refusing security for costs affirmed.