Pathfinder Minerals Plc & Ors v Velso & Ors

Pathfinder Minerals Plc & Ors v Velso & Ors

The defendants' deliberate and persistent breaches of multiple court orders, including failure to provide security for costs, constitute a cynical abuse of process. The court exercised its discretion to dismiss the application for permission to appeal, as the interests of justice and the administration of justice outweigh any injustice to the defendants.

Parties
Claimant: Pathfinder Minerals Plc; Claimant: IM Minerals Limited; Claimant: International Mercantile Group Limited; Defendant: Jacinto Soares Velso; Defendant: Diogo Jose Henriques Cavaco; Defendant: J. V. Consultores Internacionais Limitida
Jurisdiction
England and Wales
Judgment Date
22 April 2013
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Strike Out Application
Outcome
application for permission to appeal dismissed; strike-out application granted
Legal Topics
Security for Costs, Anti Suit Injunctions, Contempt of Court, Appeals, Abuse of Process
Commercial Law Civil Procedure Security for Costs Anti Suit Injunctions Contempt of Court Appeals Abuse of Process

Case Brief

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Parties

Pathfinder Minerals Plc

Claimant

IM Minerals Limited

Claimant

International Mercantile Group Limited

Claimant

Jacinto Soares Velso

Defendant

Diogo Jose Henriques Cavaco

Defendant

J. V. Consultores Internacionais Limitida

Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Strike Out Application

Legal Issues

  1. 1 Whether the defendants have any right to bring an appeal
  2. 2 Whether the defendants' application for permission to appeal should be dismissed for failure to comply with court orders
  3. 3 Whether the defendants' conduct amounts to abuse of process

Ratio Decidendi

The defendants' deliberate and persistent breaches of multiple court orders, including failure to provide security for costs, constitute a cynical abuse of process. The court exercised its discretion to dismiss the application for permission to appeal, as the interests of justice and the administration of justice outweigh any injustice to the defendants.

Court Disposition

application for permission to appeal dismissed; strike-out application granted

Orders

  • Defendants' application for permission to appeal dismissed
  • Defendants' appeal proceedings struck out