Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court: (a) grants order that plaintiff company lodge security for costs in claim arising from an asset purchase agreement, on the grounds that, although there were special circumstances that might justify refusal of such an order, the plaintiff had provided misleading information on affidavit and such conduct had to have consequences; and (b) grants order dismissing proceedings against one defendant, a stockbroker, on the grounds that the height of the plaintiff's case was that the stockbroker was associated with the defendants and their alleged breach of contract, which fell short of an actionable wrong.
Security for costs - s. 52 of the Companies Act 2014 - O. 19, r. 28 of the Rules of the Superior Courts 1986 - asset purchase agreement - whether plaintiff would be able to pay the costs of the defendant - whether plaintiff's inability to pay arose from the alleged wrongdoing of the defendant - special circumstances - fee income contemplated by agreement - conduct of the plaintiff - misleading information in affidavit - dismissal of proceedings against third named defendant.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.
Register Now