Gardiner v Harris

• Jurisdiction: Ireland
• Judgment Date: 11 November 1881
• Date: 11 November 1881
• Court: Common Pleas Division (Ireland)

C. P. Div.

Before MORRIS, C. J., and HARRISON, J.

GARDINER

and

HARRIS.

Willans v. Patterson 8 Ir. C. L. R. App. and HARRISON, J.

Joynes v. CollinsonENR 13 M. & W. 558.

Ablett v. BashamENR 5 E. & B. 1019.

Practice — Security for costs — Plaintiff resident out of jurisdiction — Affidavit.

352 LAW REPORTS (IRELAND). [L. R. I. C. P. Div GARDINER v. HARRIS (1). 1881. Nov. 11. Practice-Security for costs-Plaintiff resident out of jurisdiction-Affidavit. An application for security for costs was grounded on an affidavit made by the Defendant's solicitor, stating that he " believed." that Plaintiff resided in London, but had a registered office in Dublin, and occasionally visited Dublin. The Court held the affidavit insufficient to sustain the motion, which was accordingly refused. MOTION on behalf of the Defendant for an order that the Plaintiff should give security for costs. The Plaintiff was a solicitor suing in person, and described in the writ of summons as of No. 49, Blessington-street, Dublin. The motion was grounded on the affidavit of the Defendant's solicitor, and the only statement as to the Plaintiff's residence was as follows : " The Plaintiff, as I verily believe, resides in London, but has a registered office with his agent in Dublin which he only occaÂsionally visits." Senjeant Hemphill, in support of the motion. Philip White, for the Plaintiff : The affidavit is insufficient ; first, as being made by the soliciÂtor and not by the Defendant himself : Willans v. Patterson (2) ; and secondly, because the deponent only swears as to his belief. There must be a positive statement by the Defendant that the Plaintiff is resident out of the jurisdiction, to entitle the Defendant to security for costs : Joynes v. Collinson (3). Again, a registered office in Dublin is a sufficient residence within the jurisdiction : Ablett v. Basham (4). (1) Before MORRIS, C. J., and HARÂ (3) 13 M. & W. 558. BISON, J. (4) 5 E. & B. 1019. (2) 8 Ir. C. L. R. App. xxix. VoL. VIII.] Q. B., C. P., & FN. DIVISIONS. MoRRis, C. J. :-Primd facie, the affidavit should be made by the party. This is a more defective affidavit than that in Joynes v. Collinson (1). Motion refused. 353 C. P. Div. 1881. GARDINER V. HARRIS. Solicitor for the Plaintiff : Plaintiff in person. Solicitor for the Defendant : M Worrall. JOHN GALLAGHER v. SIR WALTER NUGENT, BART., Ex. me. AND LADY MARIA NUGENT...