Dena Technology (Thailand) Ltd & Anor v Dena Technology Ltd & Anor [2014] EWHC 616 (Comm) (14 February 2014)

Dena Technology (Thailand) Ltd & Anor v Dena Technology Ltd & Anor [2014] EWHC 616 (Comm) (14 February 2014)

Given the strong prima facie evidence of fraud by Dr Sulaiman and Dena UK, the merits of the claim justify a substantial reduction in the amount of security for costs ordered. Security is appropriate due to the claimants' residence abroad and inability to pay, but the amount is discounted by 50% to reflect the high probability of the claimants' success.

Citation
[2014] EWHC 616 (Comm)
Parties
Claimant: Dena Technology (Thailand) Ltd; Claimant: 4J (Second Claimant); First Defendant: Dena Technology Ltd (Dena UK); Second Defendant: Dr B Sulaiman
Jurisdiction
England and Wales
Judgment Date
14 February 2014
Procedural Posture
Application for Security for Costs / Interlocutory Application
Outcome
Application granted in part
Legal Topics
Security for Costs, Fraudulent Misrepresentation, Joint Venture Disputes
Civil Procedure Commercial Law Security for Costs Fraudulent Misrepresentation Joint Venture Disputes

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Parties

Dena Technology (Thailand) Ltd

Claimant

4J (Second Claimant)

Claimant

Dena Technology Ltd (Dena UK)

First Defendant

Dr B Sulaiman

Second Defendant

Procedural Posture

Application for Security for Costs / Interlocutory Application

Legal Issues

  1. 1 Whether security for costs should be ordered against claimants resident abroad and/or unable to pay costs if ordered
  2. 2 Whether the merits of the claim justify refusing or reducing security for costs
  3. 3 Whether the claimants' impecuniosity was caused by the defendant's alleged fraud

Ratio Decidendi

Given the strong prima facie evidence of fraud by Dr Sulaiman and Dena UK, the merits of the claim justify a substantial reduction in the amount of security for costs ordered. Security is appropriate due to the claimants' residence abroad and inability to pay, but the amount is discounted by 50% to reflect the high probability of the claimants' success.

Court Disposition

Application granted in part

Orders

  • Claimants to provide security for costs in the sum of £50,000