Tormey v Economic and Social Research Institute

• Jurisdiction: Ireland
• Judgment Date: 16 June 1986
• Neutral Citation: 1986 WJSC-HC 1897
• Date: 16 June 1986
• Docket Number: [1985 No. 10314P]
• Court: High Court

1986 WJSC-HC 1897

The High Court

1985 No. 10314P

TORMEY v. ECONOMIC & SOCIAL RESEARCH INST

IN THE MATTER OF PHILIP TORMEY, A BANKRUPT AND IN THE MATTER OFAN ACTION ENTITLED

BETWEEN:

PHILIP TORMEY AND BY ORDER OF THE COURT, THE OFFICIALASSIGNEE SEAN F.O'DONNCHADA

Plaintiffs

and

THE ECONOMIC AND SOCIAL RESEARCHINSTITUTE

Defendants

Citations:

COOK V WHELLOCK 1890 24 QBD 658, 59 LJQB 329

RHODES V DAWSON 16 QBD 548

Synopsis:

PRACTICE

Costs

Security - Bankrupt plaintiff - Action for damages for breach of contract - Statement of claim delivered - Defendant's motion for an order directing the plaintiff to provide security for defendant's costs of suit - Held, in dismissing the motion, that the poverty of the plaintiff was not a sufficient reason for granting the relief sought - Rules of the Superior Courts, 1962, order 29, r.1 - (1985/10314 P - Hamilton P. - 16/6/86) - [1986] IR 615

|Tormey v. Economic & Social Research Institute|

1 Judgment of the President of the High Court delivered on the16th day of June 1986

2 At all times material hereto the first-named Plaintiff in the above entitled proceedings was a Bankrupt, having been adjudicated on the 20th day of October 1980.

3 On the 10th day of December 1985, he caused to be instituted proceedings in which he claimed against the Defendants, the Economic and Social Research Institute,

4 1. A declaration that the purported temination/repudiation by the Defendants by letter dated the 23rd day of September 1985 of an agreement between the Bankrupt and the said Economic and Social Research Institute to employ him is null and void and of no effect, and

5 2. Damages for breach of the first-named Plaintiff's constitutional rights, breach of contract and wrongful dismissal,

6 3. Aggravated and exemplary damages.

7 The second-named Plaintiff, the Official Assignee, was joined in the said proceedings by order of the Court.

8 The Statement of Claim was delivered on the 10th day of December1985.

9 This matter comes before me by way of an application brought by the said Defendants for an order requiring the Plaintiffs to furnish security for the Defendants costs of these proceedings, for an order remitting the measurement of the amount thereof to be furnished by way of security for costs to the Master of the High Court and for an order providing for the costs of this application.

10 The application on behalf of the said Defendants is grounded on the affidavit of John Roughan who is described therein as the Assistant Director and Secretary of the Defendants.

11 In his said affidavit he states that the Defendants have a good and bona fide defence to the Plaintiff's claim on the grounds set forth in the said affidavit sworn on the 30th day of January 1986.

12 In his said affidavit he avers inter alia that

"I say and believe and have been advised by Counsel that the Defendant is likely to be successful in its defence to these proceedings and if such should be the case, I say that the Plaintiffs do not have any assets against which the Defendant could recover costs awarded in its favour. As is already averred the first-named Plaintiff is an undischarged Bankrupt and thesecond-named Plaintiff is joined in these proceedings only pursuant to an order of the Bankruptcy Court. I say that at best, the Defendant would have to prove in the first-named Plaintiff's bankruptcy in the event of costs being awarded in favour of the Defendant and in these circumstances, I say and believe that it is just and proper that the Plaintiff...