Gibson v Coleman

JurisdictionIreland
Judgment Date20 January 1950
Date20 January 1950
CourtHigh Court
Gibson and Another
and
Coleman

Amount of security - Principle to be followed in fixing such amount -Jurisdiction of High Court on appeal from order of the Master - Or. 13, r. 5, Rules of Supreme Court, 1926.

The amount fixed as security for costs should be sufficient to constitute an adequate security for the defendant's costs in the action should he successfully defend the same, and should not be less than a fair and reasonable computation of the costs to which the defendant would probably be put in defending the action. So held by...

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3 cases
  • Thalle v Soares and Others
    • Ireland
    • Supreme Court
    • 1 January 1959
    ...by the plaintiff to the High Court on the ground that the amount was excessive it was held by O'Daly J. following Gibson v. ColemanIR ([1950] I.R. 50) that the amount of the security should be such as to constitute a security for the costs of the defendant, if successful, and not merely an ......
  • Lismore Homes Ltd v Bank of Ireland Finance Ltd (No. 3)
    • Ireland
    • Supreme Court
    • 5 October 2001
    ...1987 IR 494 IRISH COMMERCIAL SOCIETY V PLUNKETT 1988 IR 1 LISMORE HOMES LTD v BANK OF IRELAND FINANCE LTD 1999 1 IR 501 GIBSON V COLEMAN 1950 IR 50 GLEN BAN V LEFROY 77 ILTR 19 COMPANIES (CONSOLIDATED) ACT 1908 S278 THALLE V SOARES 1957 IR 182 COMPANIES ACT 1985 S726 (UK) INNOVARE DISPL......
  • Lismore Homes Ltd v Bank of Ireland Finance Ltd and Others
    • Ireland
    • High Court
    • 24 March 2000
    ...PB GUNNE (DUBLIN) LIMITED AND BERNARD SOMERS DEFENDANTS Citations: COMPANIES ACT 1963 S390 THALLE V SOARES 1957 IR 12 GIBSON V COLEMAN 1950 IR 50 INNOVARE DISPLAYS PLC V CORPORATE BROKING SERVICES LTD 1991 BCC 174 ROBURN CONSTRUCTION LTD V WILLIAM IRWIN (SOUTH) & CO LTD 1991 BCC 726 COMPANI......

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