Tonstate Group Ltd & Ors v Edward Wojakovski & Ors

Tonstate Group Ltd & Ors v Edward Wojakovski & Ors

The application for disclosure is refused due to lack of legal basis and assistance on the law. Security for costs is ordered in the agreed sum, to be paid by 31 March 2020, with liberty to apply for strike out in case of default. 85% of the costs of the first hearing are awarded to the claimants, with the remainder costs in the case, and summary assessment at 75% of the sum claimed.

Parties
Claimant: Tonstate Group Limited & Others; Defendant: Edward Wojakovski & Others
Jurisdiction
England and Wales
Judgment Date
02 March 2020
Procedural Posture
Civil (company/shareholder Dispute) / Interlocutory Application and Costs Determination
Outcome
Application for disclosure refused; security for costs ordered; costs awarded to claimants.
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

Civil (company/shareholder Dispute) / Interlocutory Application and Costs Determination

Legal Issues

  1. 1 Whether Mr Wojakovski is entitled to disclosure of company documents as director/shareholder
  2. 2 Whether security for costs should be ordered and on what terms
  3. 3 Assessment and allocation of costs for the case management conference

Ratio Decidendi

The application for disclosure is refused due to lack of legal basis and assistance on the law. Security for costs is ordered in the agreed sum, to be paid by 31 March 2020, with liberty to apply for strike out in case of default. 85% of the costs of the first hearing are awarded to the claimants, with the remainder costs in the case, and summary assessment at 75% of the sum claimed.

Court Disposition

Application for disclosure refused; security for costs ordered; costs awarded to claimants.

Orders

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