Wojakovski v Matyas & Ors [2020] EWHC 328 (Ch) (18 February 2020)

Wojakovski v Matyas & Ors [2020] EWHC 328 (Ch) (18 February 2020)

The petitioner has structured his holding of assets in a manner that would make enforcement of a costs order more difficult, satisfying CPR 25.13(2)(g); it is just in all the circumstances to order security for costs.

Citation
[2020] EWHC 328 (Ch)
Parties
Petitioner: Edward Wojakovski; Respondent: Arthur Matyas; Respondent: Renate Matyas; Respondent: Tonstate Group Limited; Respondent: TH Holdings Limited; Respondent: Overseas Holdings Capital Group Limited; Respondent: Rachel Elizabeth Robertson; Respondent: Betchworth Consulting Limited
Jurisdiction
England and Wales
Judgment Date
18 February 2020
Procedural Posture
Application for Security for Costs in Unfair Prejudice Petition / Interlocutory Application
Outcome
Application for security for costs granted
Legal Topics
Security for Costs, Unfair Prejudice Petition, Enforcement of Costs Orders
Company Law Civil Procedure Security for Costs Unfair Prejudice Petition Enforcement of Costs Orders

Case Brief

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Parties

Edward Wojakovski

Petitioner

Arthur Matyas

Respondent

Renate Matyas

Respondent

Tonstate Group Limited

Respondent

TH Holdings Limited

Respondent

Overseas Holdings Capital Group Limited

Respondent

Rachel Elizabeth Robertson

Respondent

Betchworth Consulting Limited

Respondent

Procedural Posture

Application for Security for Costs in Unfair Prejudice Petition / Interlocutory Application

Legal Issues

  1. 1 Whether security for costs should be ordered against the petitioner under CPR 25.13(2)(g)
  2. 2 Whether the petitioner's asset arrangements make enforcement of a costs order difficult

Ratio Decidendi

The petitioner has structured his holding of assets in a manner that would make enforcement of a costs order more difficult, satisfying CPR 25.13(2)(g); it is just in all the circumstances to order security for costs.

Court Disposition

Application for security for costs granted

Orders

  • Petitioner to provide security for costs in the sum of £135,244.90, subject to further submissions on quantum and form of security.