Alliance Petrochemical Investment (Singapore) Pte Limited v Mazzagatti & Anor

Alliance Petrochemical Investment (Singapore) Pte Limited v Mazzagatti & Anor

Permission to appeal was refused as there was no realistic prospect of the Court of Appeal interfering with the result. Security for costs was ordered because there was strong reason to believe the claimant would be unable to pay the defendants’ costs if ordered to do so at the end of trial, and the balance of injustice favoured the defendants. The quantum of security was set at £1.4 million to be provided by a specified date, with further tranches to be determined at the case management conference. The defendants were awarded two-thirds of their costs of the security for costs application, with a payment on account ordered.

Parties
Claimant: Alliance Petrochemical Investment (Singapore) Pte Limited; Defendants: Mazzagatti and another
Jurisdiction
England and Wales
Judgment Date
12 May 2025
Procedural Posture
Commercial Court Proceedings / Application for Permission to Appeal and Security for Costs
Outcome
Permission to appeal refused; security for costs ordered; costs order made in favour of defendants.
Legal Topics
Security for Costs, Permission to Appeal, Costs Orders
Civil Procedure Commercial Law Security for Costs Permission to Appeal Costs Orders

Case Brief

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Parties

Alliance Petrochemical Investment (Singapore) Pte Limited

Claimant

Mazzagatti and another

Defendants

Procedural Posture

Commercial Court Proceedings / Application for Permission to Appeal and Security for Costs

Legal Issues

  1. 1 Whether permission to appeal should be granted to Mr Jahanpour
  2. 2 Whether security for costs should be ordered against the claimant
  3. 3 Quantum and timing of security for costs

Ratio Decidendi

Permission to appeal was refused as there was no realistic prospect of the Court of Appeal interfering with the result. Security for costs was ordered because there was strong reason to believe the claimant would be unable to pay the defendants’ costs if ordered to do so at the end of trial, and the balance of injustice favoured the defendants. The quantum of security was set at £1.4 million to be provided by a specified date, with further tranches to be determined at the case management conference. The defendants were awarded two-thirds of their costs of the security for costs application, with a payment on account ordered.

Court Disposition

Permission to appeal refused; security for costs ordered; costs order made in favour of defendants.

Orders

  • Permission to appeal refused.
  • Claimant to provide security for costs in the sum of £1.4 million by 4.00 pm on Friday, 23 January, by payment into court or other agreed/approved form.