UPC CoA, 24 February 2026: Nor rehearing of default judgement following failure to pay security for costs
22-03-2026 Print this page
Application for rehearing rejected (Article 81(1) UPCA; R. 245 RoP).
Only fundamental procedural defects can be the basis for a rehearing. What Suinno has brought forward in its Applications is not sufficient to conclude that the Court of Appeal made an error, let alone one that must be considered a flaw of such a serious nature that it would constitute a fundamental error without which the same decision or order would not have been taken.
According to R. 248.1 RoP, an Application for rehearing based on the ground of a fundamental procedural defect is only admissible where an objection in respect of the procedural defect was raised during the proceedings before the Court of First Instance or the Court of Appeal and dismissed by the Court, except where such objection could not have been raised during the proceedings before the Court of First Instance or the Court of Appeal.
Non-compliance with order to pay security must lead to default judgment (R. 158.5 RoP). It is only under exceptional circumstances that the Court may derogate from this general rule.
