Compagnie Noga D'Importation Et D'Exportation SA v Australia & New Zealand Banking Group Ltd & Ors [2004] EWHC 2601 (Comm) (18 November 2004)

Compagnie Noga D'Importation Et D'Exportation SA v Australia & New Zealand Banking Group Ltd & Ors [2004] EWHC 2601 (Comm) (18 November 2004)

It is desirable to join Mr Gaon as a claimant to resolve all matters in dispute, including assignment validity and interests. The assignment is effective as between Noga and Mr Gaon, and Mr Gaon is entitled to pursue the claims as assignee. Security for costs is justified against Noga due to inability to meet costs orders, but not against Mr Gaon as circumstances do not meet CPR 25.13(2)(f) or (g). Security for costs would not stifle the claims, and the court's discretion is exercised to allow joinder without making it conditional on provision of security.

Citation
[2004] EWHC 2601 (Comm)
Parties
Claimant: Compagnie Noga d'Importation Et d'Exportation SA; Applicant for Joinder as Claimant: Nessim Gaon; 1st Defendant: Australia and New Zealand Banking Group Limited; 2nd Defendant: Mrs Maryam Abacha and Mr Mohammed Sani Abacha (as Personal Representatives of General Sani Abacha deceased); 3rd Defendant: Chief Anthony A. Ani; 4th Defendant: Ali Abacha; 5th Defendant: Mecosta Securities Inc; 9th Defendant: Abubakar Bagudu; 10th Defendant: Mohammed Sani Abacha; 13th Defendant: Standard Alliance Corporation
Jurisdiction
England and Wales
Judgment Date
18 November 2004
Procedural Posture
Commercial Court Proceedings (multiple Folios) / Interlocutory Applications: Joinder and Security for Costs
Outcome
Application for joinder of Mr Gaon as claimant granted; security for costs ordered against Noga but not against Mr Gaon.
Legal Topics
Joinder of Parties, Security for Costs, Assignment of Claims, Constructive Trusts, Fraudulent Breach of Trust
Civil Procedure Commercial Law Trusts and Equity Joinder of Parties Security for Costs Assignment of Claims Constructive Trusts Fraudulent Breach of Trust

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 19
Sign in to unlock

Parties

Compagnie Noga d'Importation Et d'Exportation SA

Claimant

Nessim Gaon

Applicant for Joinder as Claimant

Australia and New Zealand Banking Group Limited

1st Defendant

Mrs Maryam Abacha and Mr Mohammed Sani Abacha (as Personal Representatives of General Sani Abacha deceased)

2nd Defendant

Chief Anthony A. Ani

3rd Defendant

Ali Abacha

4th Defendant

Mecosta Securities Inc

5th Defendant

Abubakar Bagudu

9th Defendant

Mohammed Sani Abacha

10th Defendant

Standard Alliance Corporation

13th Defendant

Procedural Posture

Commercial Court Proceedings (multiple Folios) / Interlocutory Applications: Joinder and Security for Costs

Legal Issues

  1. 1 Whether Mr Gaon should be joined as a claimant
  2. 2 Whether security for costs should be ordered against Noga and/or Mr Gaon
  3. 3 Validity and effectiveness of assignment of claims

Ratio Decidendi

It is desirable to join Mr Gaon as a claimant to resolve all matters in dispute, including assignment validity and interests. The assignment is effective as between Noga and Mr Gaon, and Mr Gaon is entitled to pursue the claims as assignee. Security for costs is justified against Noga due to inability to meet costs orders, but not against Mr Gaon as circumstances do not meet CPR 25.13(2)(f) or (g). Security for costs would not stifle the claims, and the court's discretion is exercised to allow joinder without making it conditional on provision of security.

Court Disposition

Application for joinder of Mr Gaon as claimant granted; security for costs ordered against Noga but not against Mr Gaon.

Orders

  • Mr Gaon to be joined as claimant in relevant actions.
  • Noga to provide security for costs as previously ordered.