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High Court refuses application for security for costs in a case where a number of holiday home owners through a management company claimed there was a failure by the developers to maintain common areas of the property, finding that: a) the defendants have established a prima facie defence; b) the plaintiff's inability to meet an order for costs has been established; c) the delay by the defendants in seeking an order for security for costs was important to the court's discretion in assessing such an order; and d) there was no clear evidence that making the order would in fact terminate the proceedings.
Property law – security for costs application – management fees – s. 52 of the Companies Act, 2014 – whether the defendants have established a prima facie defence – plaintiff's inability to meet an order for costs – delay by the defendants in seeking an order for security for costs was important to the court's discretion – application.
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