I recently recognized the 10-year anniversary of now retired New York Magistrate Judge Andrew J. Peck issued the ruling in the Da Silva Moore case that was the first court approval of.
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