Xhosa Office Rentals Ltd v Multi High Tech PCB Ltd & Ors

Xhosa Office Rentals Ltd v Multi High Tech PCB Ltd & Ors

Mr Loizakos was the moving spirit, funder, and beneficiary of the litigation; he controlled the proceedings and should bear the costs, making a non-party costs order appropriate.

Parties
Claimant/respondent: Xhosa Office Rentals Ltd; First Defendant/applicant: Multi High Tech PCB Ltd; Second Defendant/applicant: Frank Horstmann; Third Defendant/applicant: Phaedra Horstmann; Non Party (added for Costs): Mr Michael Loizakos
Jurisdiction
England and Wales
Judgment Date
21 March 2014
Procedural Posture
Civil / Post Strike Out, Costs Application
Outcome
Application granted; Mr Loizakos added as a party for costs and ordered to pay defendants' costs.
Legal Topics
Non Party Costs Orders, Security for Costs, Director Liability, Costs Assessment
Civil Procedure Company Law Non Party Costs Orders Security for Costs Director Liability Costs Assessment

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Parties

Xhosa Office Rentals Ltd

Claimant/respondent

Multi High Tech PCB Ltd

First Defendant/applicant

Frank Horstmann

Second Defendant/applicant

Phaedra Horstmann

Third Defendant/applicant

Mr Michael Loizakos

Non Party (added for Costs)

Procedural Posture

Civil / Post Strike Out, Costs Application

Legal Issues

  1. 1 Whether Mr Loizakos should be added as a party for costs only
  2. 2 Whether a non-party costs order should be made against Mr Loizakos

Ratio Decidendi

Mr Loizakos was the moving spirit, funder, and beneficiary of the litigation; he controlled the proceedings and should bear the costs, making a non-party costs order appropriate.

Court Disposition

Application granted; Mr Loizakos added as a party for costs and ordered to pay defendants' costs.

Orders

  • Detailed assessment of costs ordered.
  • Payment on account of £20,000 by Mr Loizakos within 28 days.