High Court grants a quarry company's application for security for costs in a dispute over the supply of allegedly defective concrete, affirming the company's prima facie defense and questioning the plaintiff's ability to pay future costs; and the court orders the plaintiff to provide security for the costs amounting to €771,410 (exclusive of VAT), and places a stay on proceedings until the security is furnished.
Security for costs - prima facie defense - special purpose vehicle (SPV) - defective concrete supply - compressive strength - duty of care - contractual obligations - testing methodology - novus actus interveniens (a new intervening act) - corporate structure -inability to pay costs - special circumstances - Companies Act 2014 - O.29, r.1 RSC - stay on proceedings - property development - construction delays - additional costs - liability - mitigation of loss.