Martins Bank Ltd v Counihan & Mersy Meat Packing Company Ltd

• Jurisdiction: Ireland
• Judge: LAVERY
• Judgment Date: 05 June 1956
• Neutral Citation: 1930 WJSC-HC 567
• Court: High Court
• Date: 05 June 1956

1930 WJSC-HC 567

THE HIGH COURT

Martins Bank Ltd v. Counihan & Mersy Meat Packing Co. Ltd

v.

G.J. COUNIHAN and MERSEY MEAT PACKING COMPANY.

5 JUNE 1956 LAVERY

LAVERY

1 I have read the judgment about to be delivered by Ó Dálaigh J. and agree with it, but I wish to say a few words of my own. He will state the facts fully and give reasons for his conclusion which I accept.

2 The Order of the learned President so far as it deals with the defendant Gerard Joyce Counihan may be regarded as - first, providing for the giving of security for the costs of the appeal and secondly as a measure of provision for satisfying the judgment should the appeal fail.

3 As regards the first it is less onerous than an order under order 58 r.15 as non compliance does not prevent the appeal being proceeded with but more onerous because the amount required to be provided exceeds the sum which would be ordered as security for costs.

4 In the circumstances of the case as it concerns the defendant Counihan it would seem that the order is entirely reasonable but it cannot be considered apart from the position of the other defendant Mersey Company and the other...