The Commercial Court has ruled that the receiver of the Sunday Tribune must provide security for the costs of its action against the publishers of the Irish Mail on Sunday over an alleged ‘fake’ copy of the Tribune published last month.
The receiver is suing Associated Newspapers Ireland after a special edition of the Mail was published on 6 February with a ‘wraparound’ cover carrying a Sunday Tribune-style logo.
At the time, the receiver had announced that the Tribune would not be published for four weeks while a buyer was sought.
It has since permanently ceased publication.
Associated Newspapers has brought the preliminary action.
Ms Justice Mary Finlay Geoghegan has ruled that the Mail had established that it had a prima facie defence to the Tribune's case.
She said she was not required to give a ruling on the strength of that defence or its prospects of success.
The Mail had estimated that the case could last five days and lead to costs of €700,000 but the Tribune claimed that estimate was exaggerated.
The judge urged both sides to agree on the amount of security that should be provided in advance of the case coming back to court on 4 April.