Kazakhstan Kagazy Plc & Ors v Zhunus & Ors

Kazakhstan Kagazy Plc & Ors v Zhunus & Ors

The court must order interim payments on account of costs where appropriate, estimating conservatively the likely recoverable amount, and refusing a stay absent solid grounds. The claimants' requests for a stay, referral to detailed assessment, and a further hearing were unreasonable and contrary to the court's orders.

Parties
Claimant: Kazakhstan Kagazy PLC; Claimant: Kazakhstan Kagazy JSC; Claimant: Prime Estate Activities Kazakhstan LLP; Claimant: Peak Akzhal LLP; Claimant: Peak Aksenger LLP; Claimant: Astana – Contract JSC; Claimant: Paragon Development; Defendant: Baglan Abdullayevich Zhunus; Defendant: Maksat Askaruly Arip; Defendant: Shynar Dikhanbayeva; Defendant: Geoglobal Limited; Defendant: Sholpan Arip
Jurisdiction
England and Wales
Judgment Date
20 February 2015
Procedural Posture
Commercial Litigation / Ruling on Applications for Payments on Account of Costs After Unsuccessful Application to Amend Particulars of Claim
Outcome
Applications for interim payments on account of costs granted; claimants' requests refused.
Legal Topics
Costs, Interim Payments, Amendment of Pleadings, Freezing Injunctions
Civil Procedure Commercial Law Costs Interim Payments Amendment of Pleadings Freezing Injunctions

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Parties

Kazakhstan Kagazy PLC

Claimant

Kazakhstan Kagazy JSC

Claimant

Prime Estate Activities Kazakhstan LLP

Claimant

Peak Akzhal LLP

Claimant

Peak Aksenger LLP

Claimant

Astana – Contract JSC

Claimant

Paragon Development

Claimant

Baglan Abdullayevich Zhunus

Defendant

Maksat Askaruly Arip

Defendant

Shynar Dikhanbayeva

Defendant

Geoglobal Limited

Defendant

Sholpan Arip

Defendant

Procedural Posture

Commercial Litigation / Ruling on Applications for Payments on Account of Costs After Unsuccessful Application to Amend Particulars of Claim

Legal Issues

  1. 1 Whether interim payments on account of costs should be ordered and in what amounts
  2. 2 Whether a stay of the order for interim payment should be granted pending appeal
  3. 3 Whether the costs claimed are reasonable and proportionate

Ratio Decidendi

The court must order interim payments on account of costs where appropriate, estimating conservatively the likely recoverable amount, and refusing a stay absent solid grounds. The claimants' requests for a stay, referral to detailed assessment, and a further hearing were unreasonable and contrary to the court's orders.

Court Disposition

Applications for interim payments on account of costs granted; claimants' requests refused.

Orders

  • Claimants to pay £100,000 on account of costs to Mr Zhunus within 28 days.
  • Claimants to pay £100,000 on account of costs to Mr and Mrs Arip and Ms Dikhanbayeva within 28 days.