High Court orders security for costs as against a plaintiff foreign limited liability company in the sum of €750,106.503, on the grounds that the Defendant established that it has a bona fide defence, no special circumstances exist and that security for costs would not stifle the action.
Security for costs – plaintiff accepts that it is impecunious - what principles the Court is to apply when security for costs is sought against foreign limited liability company - Order 29 - section 52 of the Companies Act 2014 - scope of Order 29 - considerations applicable to an application under section 52 - moving defendant must establish that it has a bona fide defence – relevant authorities - proper to take into account the factors which must be considered in an application under section 52 of the 2014 in deciding an application under Order 29 for security for costs involving a foreign limited company as plaintiff - extensive evidence as to how and why the decision was made to serve the impugned Notice – special circumstances – has the defendant caused the plaintiff’s impecuniosity - onus is on the plaintiff to establish that its inability to pay the defendant's costs flows from the wrongdoing of the moving party – point of law of exceptional public importance - the relevant point of law will be decided within the narrow confines of the facts of this case and will apply only to the parties in this case – have some funds – security for costs would not stifle the action – amount of security – staggered security – not appropriate – security for costs ordered in the sum of €750,106.503