[1960]DLHC75 • May 3, 1960 • High Court
AMALGAMATED PRESS LTD. vs. INDEPENDENT PRESS LTD AND ANOTHER
The plaintiff, Amalgamated Press Ltd., instituted a suit against the defendants, Independent Press Ltd. and another, concerning a matter previously litigated between the same parties. The defendants applied for an order requiring the plaintiff to provide security for costs, alleging that the plaintiff was a nominal company with no visible means to pay costs and had failed to pay costs awarded in a prior suit related to the same subject matter.
read moreJUDGMENT OF OLLENNU J. In this matter the defendants pray for an order upon the plaintiff to provide security for costs. This application is made in pursuance of Order 65 rule 4 of the Supreme Court (Civil Procedure) Rules 1954, which says: “In any cause or matter in which security for costs is required the security shall be of such amount, and be given at such times, and in such manner and form, as the Court or a Judge shall direct.” The grounds for the application are set out in paragraphs 2, 3 and 4 of the affidavit in support of the application and are: (a) That the plaintiff company is a nominal plaintiff irregularly incorporated, and has no visible means of paying any costs which may be awarded against it and; (b) That the plaintiff company has been unable to pay fully, costs awarded against it in favour of the defendants as far back as April, 1957, in a similar suit instituted by the plaintiff against the same defendants in respect of the same subject ...