Kazeminy & Ors v Siddiqi & Ors

Kazeminy & Ors v Siddiqi & Ors

Mr. Siddiqi failed to discharge the burden of proving that an order requiring payment into court of a sum in excess of $100,000 is beyond his means and would stifle his defence. However, the court found that ordering the full $25m. claimed would carry a real risk of stifling the defence, and instead ordered payment into court of £5m. as a condition of defending the action, with no order for a charge over assets.

Parties
Claimant: Mr. Nasser Kazeminy; Claimant: Triomphe Investments I, LLC; Claimant: Triomphe Investments II, LLC; Claimant: Triomphe Investments III, LLC; Claimant: Triomphe Investments IV, LLC; Defendant: Mr. Kamal Siddiqi; Defendant: Frazer-Nash Technology Limited (in liquidation); Defendant: Frazer-Nash Research Limited; Defendant: Metrocab Limited (in liquidation); Defendant: Metrail Holdings AG; Defendant: Kamkorp Limited; Defendant: Kamkorp Investments Limited
Jurisdiction
England and Wales
Judgment Date
25 February 2010
Procedural Posture
Commercial / Post Summary Judgment Application for Payment Into Court as Condition of Defence
Outcome
Conditional order for payment into court as a condition of defending the claim
Legal Topics
Summary Judgment, Security for Costs, Disclosure, Asset Tracing
Civil Procedure Commercial Law Summary Judgment Security for Costs Disclosure Asset Tracing

Case Brief

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Parties

Mr. Nasser Kazeminy

Claimant

Triomphe Investments I, LLC

Claimant

Triomphe Investments II, LLC

Claimant

Triomphe Investments III, LLC

Claimant

Triomphe Investments IV, LLC

Claimant

Mr. Kamal Siddiqi

Defendant

Frazer-Nash Technology Limited (in liquidation)

Defendant

Frazer-Nash Research Limited

Defendant

Metrocab Limited (in liquidation)

Defendant

Metrail Holdings AG

Defendant

Kamkorp Limited

Defendant

Kamkorp Investments Limited

Defendant

Procedural Posture

Commercial / Post Summary Judgment Application for Payment Into Court as Condition of Defence

Legal Issues

  1. 1 Whether the Defendants have the means to pay a sum into court as a condition of defending the claim
  2. 2 Whether ordering payment into court would stifle the defence
  3. 3 Adequacy of disclosure regarding the Defendants' assets

Ratio Decidendi

Mr. Siddiqi failed to discharge the burden of proving that an order requiring payment into court of a sum in excess of $100,000 is beyond his means and would stifle his defence. However, the court found that ordering the full $25m. claimed would carry a real risk of stifling the defence, and instead ordered payment into court of £5m. as a condition of defending the action, with no order for a charge over assets.

Court Disposition

Conditional order for payment into court as a condition of defending the claim

Orders

  • Defendants (other than those in liquidation) to pay £5m. into court as a condition of defending the action, subject to adjustment if the claim against any defendant is for less than £5m.
  • No order for a charge over assets.