Dena Technology (Thailand) Ltd & Anor v Dena Technology Ltd & Anor

Dena Technology (Thailand) Ltd & Anor v Dena Technology Ltd & Anor

Given the high probability of establishing fraud based on the evidence, the merits of the claim justify a substantial reduction in the amount of security for costs. Security is ordered in the sum of £50,000, discounted by 50% from the amount sought, reflecting the court's assessment of the merits and the claimants' financial position.

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

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Parties

Dena Technology (Thailand) Ltd

Claimant

4J

Claimant

Dena Technology Ltd

Defendant

Dr B Sulaiman

Defendant

Procedural Posture

Commercial / Application for Security for Costs

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 is relevant to the order for security

Ratio Decidendi

Given the high probability of establishing fraud based on the evidence, the merits of the claim justify a substantial reduction in the amount of security for costs. Security is ordered in the sum of £50,000, discounted by 50% from the amount sought, reflecting the court's assessment of the merits and the claimants' financial position.

Court Disposition

Application for security for costs granted in part

Orders

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