Offrey v. Ryan

This was an application to require the Plaintiff to post security for costs. The underlying action was for damages allegedly suffered in a collision between two fishing vessels. The action was a subrogated action brought by the Plaintiff’s insurers, although the Plaintiff did have an interest in his deductible. The Court held that the Plaintiff was a nominal Plaintiff and, in the absence of any evidence that the Plaintiff had assets to satisfy a judgment in costs, ordered that security for costs be posted. The Court further noted that it might have been inclined to not make the order if the Plaintiff’s insurers had undertaken to pay any costs.