Supreme Court Order for security for costs

Litigation 01/04/1991

In an oral judgment on November 16, 1990, the Supreme Court ordered an appellant/plaintiff residing within the jurisdiction (who was appealing against a High Court Order dismissing his claim), to give security for costs of the second-named defendant to be occasioned by the appeal "in such sum as shall be determined by the Master of the High Court and that such security be given by placing the said sum on deposit in the joint names of the respective solicitors for the plaintiff and the second-named defendant within one month of such determination by the Master of the High Court and that in default of such security being duly given as aforesaid the plaintiff's appeal do stand struck out".

It is understood that this is the first case in which a defendant successfully applied for security for costs of an appeal where the appellant/plaintiff resided within the jurisdiction.

(Fallon -v- An Bord Pleanala and Burke, Supreme Court 16 November, 1990 per Finlay C.J.with Griffin and Hederman JJ. concurring).