Salih v The General Accident Fire and Life Assurance Corporation Ltd

JurisdictionIreland
Judgment Date13 November 1987
Date13 November 1987
Docket Number[1987 No. 1519P]
CourtHigh Court

High Court

[1987 No. 1519P]
Salih v. General Accident
Ozner Salih
Plaintiff
and
The General Accident Fire and Life Assurance Corporation Limited, Defendant

Cases mentioned in this report:—

Flynn v. Eivers (1951) 86 I.L.T.R. 85.

Heaney v. Malocca [1958] I.R. 111; (1957) 92 I.L.T.R. 117.

Peppard and Company Limited v. Bogoff [1962] I.R. 180; (1963) 97 I.L.T.R. 12.

Cohane v. Cohane [1968] I.R. 176.

Collins v. Doyle [1982] I.L.R.M. 495.

Jack O'Toole Limited v. MacEoin Kelly Associates [1986] I.R. 277; [1987] I.L.R.M. 269.

Macauley v. Minister for Posts and Telegraphs [1966] I.R. 345.

Practice - Security for costs - Application by defendant for security for costs - Claim under a policy of fire insurance - Plaintiff residing outside the jurisdiction - Discretion of the Court - Special circumstances - Whether plaintiff impoverished by the defendant - Whether right of access to the courts to prosecute civil claims is fettered - Rules of the Superior Courts, 1986, (S.I. No. 15), Or. 29, r. 6.

Motion on Notice.

The facts and arguments are summarised in the headnote and are fully set out in the judgment of O'Hanlon J., infra.

The application was brought pursuant to a notice of motion dated the 16th June, 1987, and was grounded on the affidavit and supplemental affidavit of Cormac R. O'Hanlon, sworn on the 11th June, 1987, and the 2nd July, 1987, respectively, the replying affidavit of Plunkett Taaffe sworn on the 26th June, 1987, and re-sworn on the 13th July, 1987, and the affidavit of Ozner Salih sworn on the 20th October, 1987.

The application of the defendant was heard by the High Court (O'Hanlon J.) on the 9th November, 1987.

Order 29, r. 6 of the Rules of the Superior Courts provides inter alia that where the Court has made an order for security for costs, the amount of such security and the time or times at which, and the manner and form in which, and the person or persons to whom the same shall be given, shall be determined by the Master in every case.

The plaintiff commenced proceedings against the defendant seeking, inter alia, a declaration that the defendant was liable to the plaintiff, under a policy of fire insurance, for loss and damage sustained by the plaintiff as a result of the plaintiff's premises being damaged by a fire. The defendant brought an application for security for costs on the basis that the plaintiff was now resident outside the jurisdiction.

The plaintiff resisted the claim for security on the grounds that...

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6 cases
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