Fares v Wiley

• Jurisdiction: Ireland
• Judge: O'Flaherty J.
• Judgment Date: 01 January 1994
• Neutral Citation: 1994 WJSC-SC 2808
• Docket Number: [S.C. No. 395 of 1990]
• Court: Supreme Court
• Date: 01 January 1994

FARES v. WILEY

RASHAD FARES

.V.

JOHN WILEY

1994 WJSC-SC 2808

(395/90)

THE SUPREME COURT

Synopsis:

PRACTICE

Costs

Security - Defendant - Application - Plaintiff - Foreigner - Tests applicable - Traffic accident - Rules of the Superior Courts, 1986, order 29, r. 3 - (395/90 - Supreme Court - 22/10/93) - [1994] ILRM 465.

|Fares v. Wiley|

Citations:

COLLINS V DOYLE 1982 ILRM 495

1 Ex-tempore judgment of O'Flaherty J.delivered the 22nd day of October, 1993. [NEM DISS]

2 This is an appeal from an order of the High Court (Mr. Justice MacKenzie) of the 26th November, 1990 whereby he refused the defendant's application for security for costs.

3 The case arises out of a road traffic accident that took place on the 25th September, 1987 at Lower Drumcondra Road, Dublin when there was a collision between the defendant's motor car and the plaintiff, who was a pedestrian crossing the road. The plaintiff now lives in Libya and appears not to have anyassets in this jurisdiction. The defendant has put in an affidavit making a strong case that he is not to blame for the accident; that he was in a line of traffic travelling at about 20-25 mph from the city centre direction going northwards; the traffic was quite heavy and he alleges that the plaintiff suddenly emerged from behind a stationary vehicle to the right of his vehicle, a short distance from the front of his vehicle and that the plaintiff, in effect, collided with the vehicle's right hand side. I pass no comment on whether that will ultimately stand up as the correct version of events or not. That will be a matter for the trial court but it is the case he makes at the moment in suggesting that he has a prima facie defence to thisaction.

4 The learned High Court judge, according to the agreed note of what he said, thought it would be open to the trial judge to find both parties at fault and that he would not deny a man his right of action for personal injuries simply because he lives in another country.

5 The proper principles applicable to this type of applicationhave been set out by the Chief Justice (when he was President of the High Court) in the case of Collins .v. Doyle (1982) ILRM 495.The facts in that case, shortly stated, were that the plaintiff who resided outside the jurisdiction claimed damages for personal injuries which he alleged were caused when he was injured on the defendant's premises having, so it is alleged, come on the premises...