Tonstate Group Ltd & Ors v Edward Wojakovski & Ors [2020] EWHC 1091 (Ch) (2 March 2020)

Tonstate Group Ltd & Ors v Edward Wojakovski & Ors [2020] EWHC 1091 (Ch) (2 March 2020)

The application for disclosure was refused on procedural grounds due to lack of legal basis. Security for costs in the agreed sum was ordered to be provided by 31 March 2020, with liberty to apply to strike out the claim in default. 85% of the costs of the first hearing were ordered to be paid by the defendant to the claimants, with the remainder as costs in the case. Costs were summarily assessed at 75% of the sum claimed.

Citation
[2020] EWHC 1091 (Ch)
Parties
Claimant: Tonstate Group Limited & Others; Defendant: Edward Wojakovski & Others
Jurisdiction
England and Wales
Judgment Date
02 March 2020
Procedural Posture
Business and Property Court Proceedings / Interlocutory Applications and Costs Orders
Outcome
Application for disclosure refused; security for costs ordered; costs apportioned and assessed.
Legal Topics
Disclosure, Security for Costs, Costs Assessment
Company Law Civil Procedure Disclosure Security for Costs Costs Assessment

Case Brief

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Parties

Tonstate Group Limited & Others

Claimant

Edward Wojakovski & Others

Defendant

Procedural Posture

Business and Property Court Proceedings / Interlocutory Applications and Costs Orders

Legal Issues

  1. 1 Whether Mr Wojakovski is entitled to disclosure of documents as a director or shareholder
  2. 2 Whether security for costs should be ordered and on what terms
  3. 3 Assessment of costs and proportion to be paid

Ratio Decidendi

The application for disclosure was refused on procedural grounds due to lack of legal basis. Security for costs in the agreed sum was ordered to be provided by 31 March 2020, with liberty to apply to strike out the claim in default. 85% of the costs of the first hearing were ordered to be paid by the defendant to the claimants, with the remainder as costs in the case. Costs were summarily assessed at 75% of the sum claimed.

Court Disposition

Application for disclosure refused; security for costs ordered; costs apportioned and assessed.

Orders

  • No order made on disclosure application at this stage.
  • Mr Wojakovski to provide security for costs of £135,244.90 by 31 March 2020.