Webprint Concepts Ltd -v- Thomas Crosbie Printers Ltd & Ors [2013] IEHC 359 (28 June 2013)

Webprint Concepts Ltd -v- Thomas Crosbie Printers Ltd & Ors [2013] IEHC 359 (28 June 2013)

TCP did not establish a prima facie defence to Webprint's substantial claims for arrears and breach of contract; its application for security for costs is refused. TCH, Landmark, Tom Crosbie, and Alan Crosbie established prima facie defences to claims against them; security for costs is ordered against Webprint in favour of these defendants, as no special circumstances were established to justify refusal.

Citation
[2013] IEHC 359
Parties
Plaintiff: Webprint Concepts Ltd; Defendant: Thomas Crosbie Printers Ltd; Defendant: Thomas Crosbie Holdings Ltd; Defendant: Bontury Ltd (trading as Landmark Media Investments); Defendant: Allied Irish Banks PLC; Defendant: Kieran Wallace; Defendant: Irish Times Limited; Defendant: Thomas Patrick Crosbie; Defendant: Alan Crosbie
Jurisdiction
Ireland
Judgment Date
28 June 2013
Procedural Posture
Commercial Proceedings / Application for Security for Costs
Outcome
TCP's application for security for costs refused; security for costs ordered in favour of TCH, Landmark, Tom Crosbie, Alan Crosbie, AIB, Wallace, and Irish Times against Webprint.
Legal Topics
Security for Costs, Breach of Contract, Procurement of Breach of Contract, Piercing the Corporate Veil, Conspiracy, Intentional Interference With Business, Force Majeure, Fiduciary Duty
Commercial Law Contract Law Company Law Tort Law Security for Costs Breach of Contract Procurement of Breach of Contract Piercing the Corporate Veil +4 more

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Parties

Webprint Concepts Ltd

Plaintiff

Thomas Crosbie Printers Ltd

Defendant

Thomas Crosbie Holdings Ltd

Defendant

Bontury Ltd (trading as Landmark Media Investments)

Defendant

Allied Irish Banks PLC

Defendant

Kieran Wallace

Defendant

Irish Times Limited

Defendant

Thomas Patrick Crosbie

Defendant

Alan Crosbie

Defendant

Procedural Posture

Commercial Proceedings / Application for Security for Costs

Legal Issues

  1. 1 Whether defendants are entitled to security for costs under s. 390 Companies Act 1963
  2. 2 Whether TCP has a prima facie defence to claims for arrears and breach of contract
  3. 3 Whether TCH, Landmark, Tom Crosbie, Alan Crosbie have prima facie defences to claims for breach of contract, procurement of breach, conspiracy, and fiduciary duty

Ratio Decidendi

TCP did not establish a prima facie defence to Webprint's substantial claims for arrears and breach of contract; its application for security for costs is refused. TCH, Landmark, Tom Crosbie, and Alan Crosbie established prima facie defences to claims against them; security for costs is ordered against Webprint in favour of these defendants, as no special circumstances were established to justify refusal.

Court Disposition

TCP's application for security for costs refused; security for costs ordered in favour of TCH, Landmark, Tom Crosbie, Alan Crosbie, AIB, Wallace, and Irish Times against Webprint.

Orders

  • TCP's application for security for costs refused.
  • Webprint ordered to provide security for costs to TCH, Landmark, Tom Crosbie, Alan Crosbie, AIB, Wallace, and Irish Times.