McAteer & Anor v Guram & Anor [2010] NICA 16 (27 April 2010)

McAteer & Anor v Guram & Anor [2010] NICA 16 (27 April 2010)

Given the evidence of the appellants' impecuniosity, the lack of strong prospects of success on appeal, and no sufficient evidence that the respondents caused the impecuniosity, the court ordered security for costs in the sum of £15,000 to be provided within 28 days, failing which the appeal would stand dismissed with costs.

Citation
[2010] NICA 16
Parties
Defendant Appellant: Daniel McAteer; Defendant Appellant: Aine McAteer; Plaintiff Respondent: Sanjeev Guram; Plaintiff Respondent: Anoop Guram
Jurisdiction
Northern Ireland
Judgment Date
27 April 2010
Procedural Posture
Appeal / Application for Security for Costs Pending Appeal
Outcome
Security for costs ordered against appellants; appeal stayed pending payment; appeal to be dismissed with costs if security not provided within 28 days.
Legal Topics
Security for Costs, Undue Influence, Rescission of Contract, Impecuniosity, Appeal Procedure
Civil Procedure Contract Law Equity Security for Costs Undue Influence Rescission of Contract Impecuniosity Appeal Procedure

Case Brief

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Parties

Daniel McAteer

Defendant Appellant

Aine McAteer

Defendant Appellant

Sanjeev Guram

Plaintiff Respondent

Anoop Guram

Plaintiff Respondent

Procedural Posture

Appeal / Application for Security for Costs Pending Appeal

Legal Issues

  1. 1 Whether security for costs should be ordered against the appellants in the appeal
  2. 2 Whether the appellants' impecuniosity justifies an order for security for costs
  3. 3 Whether the respondents contributed to the appellants' impecuniosity

Ratio Decidendi

Given the evidence of the appellants' impecuniosity, the lack of strong prospects of success on appeal, and no sufficient evidence that the respondents caused the impecuniosity, the court ordered security for costs in the sum of £15,000 to be provided within 28 days, failing which the appeal would stand dismissed with costs.

Court Disposition

Security for costs ordered against appellants; appeal stayed pending payment; appeal to be dismissed with costs if security not provided within 28 days.

Orders

  • Appellants to provide security for costs in the sum of £15,000 within 28 days by payment into court.
  • Appeal stayed pending provision of security.