Order 86 rule 9 of the Rules of the Superior Courts
(
RSC) provides that the Court of Appeal
(
CoA) can under special circumstances make an
order for security for the costs of any appeal. There is an
onus on the applicant to prove such special circumstances
exist. Where a corporate entity is involved, section 52
of the Companies Act 2014 (
2014 Act) may be
relevant as it provides for security for costs against corporate
plaintiffs. In the recent decision of
O Donnell
v Saltan Properties Ltd and others [2020] IECA 226, the CoA
considered the scope of the rules around both of these
provisions.
The proceedings
The plaintiff was the owner of an apartment situated in a