Benson v Great Northern Railway Company

• Jurisdiction: Ireland
• Judgment Date: 01 January 1939
• Date: 01 January 1939
• Court: Circuit Court

(Cir. Ct.),

Benson

and

Great Northern Railway Company

Discretion of Judge - Plaintiff resident in Northern Ireland -Rules of the Circuit Court, Or. XXVIII, r. 6.

Order XXVIII, r. 6, of the Circuit Court Rules provides that "In every case in which the plaintiff resides out of Saorstat Eireann any defendant who has entered an appearance shall be at liberty to apply to the Court on notice that the plaintiff be ordered to give security for such defendant's costs. Upon such application or in any other case in which the Court is satisfied that security for costs is necessary it may, in its discretion, make such order as it shall think fit."The affidavit grounding an application for security for costs must contain an averment indicating a defence to the plaintiff's...