Greenville Primary Care Ltd v Infrastructure Investment Fund ICAV (Approved) [2023] IECA 28 (15 February 2023)

The appellant failed to identify an arguable ground of appeal, which is a prerequisite for the grant of a stay. Therefore, the application for a stay must be refused.

Citation: [2023] IECA 28
Parties: Plaintiff/appellant: Greenville Primary Care Limited; Defendant/respondent: Infrastructure Investment Fund ICAV
Jurisdiction: Ireland
Judgment Date: 15 February 2023
Procedural Posture: Civil Appeal / Post Judgment, Costs and Stay Application
Outcome: appeal dismissed; stay refused; costs awarded to respondent
Legal Topics: Security for Costs, Stay of Execution, Appeals, Costs Orders

Civil Procedure Security for Costs Stay of Execution Appeals Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Greenville Primary Care Limited

Plaintiff/appellant

Infrastructure Investment Fund ICAV

Defendant/respondent

Procedural Posture

Civil Appeal / Post Judgment, Costs and Stay Application

Legal Issues

1 Whether the appellant is entitled to a stay on execution of the costs order pending a possible application to the Supreme Court for leave to appeal
2 Whether the appellant has demonstrated an arguable ground of appeal justifying a stay

Ratio Decidendi

The appellant failed to identify an arguable ground of appeal, which is a prerequisite for the grant of a stay. Therefore, the application for a stay must be refused.

Court Disposition

appeal dismissed; stay refused; costs awarded to respondent

Orders

Appellant’s appeal against the High Court judgment and order of 11 November 2021 is dismissed.
Order of the High Court, including as to costs of the respondent’s motion for security for costs, is affirmed.