Compagnie Noga D'Importation Et D'Exportation SA v Australia & New Zealand Banking Group Ltd & Ors

Compagnie Noga D'Importation Et D'Exportation SA v Australia & New Zealand Banking Group Ltd & Ors

Mr Gaon is to be joined as a claimant without condition of providing security for costs, as there is no jurisdiction to order security against him under CPR 25.13(2)(f) or (g) on the present evidence. The assignment is not invalid for want of consent as between Noga and Mr Gaon, and the joinder is desirable. No further security for costs is ordered against Noga, and the existing security for costs order remains. The applications for security for costs against Mr Gaon and for setting aside the existing order fail.

Parties
Claimant: Compagnie Noga d’Importation Et d’Exportation SA; 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
Civil (commercial) / Interlocutory Applications—joinder of Claimant and Security for Costs
Outcome
Applications by ANZ and Byrne and Partners Defendants for security for costs against Mr Gaon and for further security against Noga are dismissed. Mr Gaon’s application to be joined as claimant is allowed. Noga’s application to set aside the security for costs order is dismissed.
Legal Topics
Joinder of Parties, Security for Costs, Assignment of Claims, Abuse of Process, Company Law—costs Orders, Cross Border Enforcement
Civil Procedure Commercial Law Joinder of Parties Security for Costs Assignment of Claims Abuse of Process Company Law—costs Orders Cross Border Enforcement

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Parties

Compagnie Noga d’Importation Et d’Exportation SA

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

Civil (commercial) / Interlocutory Applications—joinder of Claimant and Security for Costs

Legal Issues

  1. 1 Whether Mr Gaon should be joined as a claimant following assignment of claims from Noga
  2. 2 Whether security for costs should be ordered against Noga and/or Mr Gaon
  3. 3 Whether the assignment to Mr Gaon was valid and effective

Ratio Decidendi

Mr Gaon is to be joined as a claimant without condition of providing security for costs, as there is no jurisdiction to order security against him under CPR 25.13(2)(f) or (g) on the present evidence. The assignment is not invalid for want of consent as between Noga and Mr Gaon, and the joinder is desirable. No further security for costs is ordered against Noga, and the existing security for costs order remains. The applications for security for costs against Mr Gaon and for setting aside the existing order fail.

Court Disposition

Applications by ANZ and Byrne and Partners Defendants for security for costs against Mr Gaon and for further security against Noga are dismissed. Mr Gaon’s application to be joined as claimant is allowed. Noga’s application to set aside the security for costs order is dismissed.

Orders

  • Mr Gaon to be joined as claimant upon condition of security for any additional costs caused or wasted by his joinder.
  • No order for security for costs against Mr Gaon under CPR 25.13(2)(f) or (g).