Performing Right Society Ltd v Casey

• Jurisdiction: Ireland
• Judge: Mr. Justice Barron
• Judgment Date: 28 April 1989
• Neutral Citation: [1989] IEHC 13
• Date: 28 April 1989
• Court: High Court
• Docket Number: D6282

PERFORMING RIGHT SOCIETY LTD v. CASEY

(CIRCUIT APPEAL)

BETWEEN

THE PERFORMING RIGHT SOCIETY LIMITED

PLAINTIFF

.v.

SEAMUS CASEY

DEFENDANT

[1989] IEHC 13

D6282

THE HIGH COURT

Synopsis:

PRACTICE

Costs

Security - Judgment - Liquidated sum - Appeal - Defendant appellant - Bankruptcy - Official Assignee disclaiming involvement - Interest of appellant - Held that the defendant bankrupt must furnish security for the respondent's cost of the appeal on the basis of the costs incurred in an appeal from the District Court to the Circuit Court: ~Tormey v. Economic and Social Research Institute~ [1986] I.R. 615 distinguished; ~Whatman v. Whatman~ [1889] W.N. 213 and ~United Telephones v. Bassano~ 31 Ch. D. 630 considered - Rules of the Superior Courts, 1986, order 29 - (Appeal from the Circuit Court - Barron J. - 28/4/89)

|Performing Rights Society v. Casey|

Citations:

TORMEY & THE OFFICIAL ASSIGNEE V ECONOMIC & SOCIAL RESEARCH INSTITUTE 1986 IR 615

WHATMAN V WHATMAN 1889 WN 213

UNITED TELEPHONE V BASSANO 31 CH 630

Mr. Justice Barron

1 This is an application by the Plaintiff for security for the costs of this appeal. Notice of Appeal was served on the 18th of June 1988 against a Judgment of the Circuit Court dated the 1st June 1988 for the sum of £584.82 and costs. The Defendant was adjudicated a bankrupt on the 29th August 1988. The appeal was listed for hearing on 12th January 1989, but adjourned to ascertain whether or not the Official Assignee wished to prosecute the appeal. The Official Assignee has indicated that he does not wish to do so, but has no objection to the bankrupt doing so provided that no recourse can be had to the funds comprising the bankrupt's estate to discharge any liability for costs incurred by the Defendant as a result. Having regard to this attitude the Plaintiff sought from the Defendant security for the costs of the appeal but has been refused. This application is now brought to obtain an Order that such security should be given.

2 The Plaintiff contends that security for costs of an appeal may be awarded where there are special circumstances and it is just to do so. The Defendant contends that bankruptcy is not per se sufficient reason. He relies on Tormey and the Official Assignee .v. The Economic and Social Research Institute 1986 I.R.615.

3 The effect of the bankruptcy is to place the affairs of the bankrupt under the control of the Official Assignee. If he does not wish to contest the liability, it seems to me that the bankrupt may have no standing to contest the matter himself. However, the existence of the liability is detrimental to the bankrupt and in any event no such objection is taken by the Plaintiff.

4 The authority upon which the Defendant relies relates to a cause of action arising after the bankruptcy. In such cases, the fact of the bankruptcy...