Goldtrail Travel Ltd v Aydin & Ors [2015] EWCA Civ 926 (11 June 2015)

Goldtrail Travel Ltd v Aydin & Ors [2015] EWCA Civ 926 (11 June 2015)

There was a sufficiently compelling reason to require Onur Air to pay the judgment sum into court as a condition of continuing its appeal, due to the unexplained cessation of flights to the UK, lack of assets in the jurisdiction, history of late payment and uncooperative conduct, and the risk that enforcement would be frustrated if the appeal failed.

Citation
[2015] EWCA Civ 926
Parties
Claimant/applicant: Goldtrail Travel Limited; Defendant/respondent: Onur Air Tasimacilik AS (Onur Air)
Jurisdiction
England and Wales
Judgment Date
11 June 2015
Procedural Posture
Civil Appeal / Application for Conditions on Continuation of Appeal
Outcome
Application granted
Legal Topics
Security for Costs, Stay of Execution, Enforcement of Judgments, Appeal Conditions
Civil Procedure Insolvency Commercial Law Security for Costs Stay of Execution Enforcement of Judgments Appeal Conditions

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Parties

Goldtrail Travel Limited

Claimant/applicant

Onur Air Tasimacilik AS (Onur Air)

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Conditions on Continuation of Appeal

Legal Issues

  1. 1 Whether there is a compelling reason to require Onur Air to pay the judgment sum into court as a condition of continuing its appeal under CPR 52.9
  2. 2 Whether the cessation of Onur Air's flights to the UK and its conduct regarding payment of interim costs justify the imposition of such conditions

Ratio Decidendi

There was a sufficiently compelling reason to require Onur Air to pay the judgment sum into court as a condition of continuing its appeal, due to the unexplained cessation of flights to the UK, lack of assets in the jurisdiction, history of late payment and uncooperative conduct, and the risk that enforcement would be frustrated if the appeal failed.

Court Disposition

Application granted

Orders

  • Continuation of the appeal is conditional on Onur Air paying £600,626 into an escrow account.
  • Onur Air must pay £150,000 into court as security for costs.