Welcome Ireland Hospitality Ltd. v Cedarcourt Developments Ltd. [2019] IECA 308 (17 December 2019)
The evidence adduced by Welcome did not credibly establish a causative link between the alleged wrongdoing and its inability to pay; mere assertions and non-expert projections are insufficient to displace the requirement for security for costs.
- Citation
- [2019] IECA 308
- Parties
- Plaintiff/appellant: Welcome Ireland Hospitality Limited; Defendant/respondent: Cedarcourt Developments Limited
- Jurisdiction
- Ireland
- Judgment Date
- 17 December 2019
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Security for Costs, Special Circumstances, Impecuniosity, Causation, Damages in Lieu of Specific Performance
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Welcome Ireland Hospitality Limited
Plaintiff/appellant
Cedarcourt Developments Limited
Defendant/respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether special circumstances exist to displace the requirement for security for costs under s.52 Companies Act 2014
- 2 Whether the plaintiff's impecuniosity was caused by the alleged wrongdoing of the defendant
Ratio Decidendi
The evidence adduced by Welcome did not credibly establish a causative link between the alleged wrongdoing and its inability to pay; mere assertions and non-expert projections are insufficient to displace the requirement for security for costs.
Court Disposition
appeal dismissed
Orders
- Security for costs order affirmed
- Plaintiff to provide security for costs in the sum of €150,000
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment