High Court grants order that a defendant company provide security for costs in an action against a local authority, in circumstances where the plaintiff company had not filed accounts since 2007 and had appeared on a tax defaulters list.
Plaintiff is suing the Defendant for an alleged breach of contract and unlawful interference in the plaintiff’s commercial and/or economic interests arising out of the operation of an online quotation and/or tendering system in which the Defendant has participated - defendant is seeking security for costs - at the time when the notice of motion for the within application issued, the relevant provision of statute was s.390 of the Companies Act 1963 - by virtue of s.5 and Sch.6, item 8(1) of the Companies Act, 2014, the application falls now to be decided pursuant to s.52 of the Act of 2014 - evidence before the court indicates that there is good reason to believe that the plaintiff company in this case will be unable to pay the costs of the defendant - plaintiff company was incorporated in 1996 but has filed no annual returns (including accounts) with the Companies Registration Office since the end of 2007 - it appeared on the tax defaulter’s list in 2003 and the following year it was fined by the Director of Corporate Enforcement for failing to keep proper books of account - Company has been a defendant in multiple law-suits, including one brought by a financial institution question as to trading position of the Company - order for security for costs granted.