Davest Invs. Ltd. v Bryant [1982] JLR 213 (05 October 1982)

Davest Invs. Ltd. v Bryant [1982] JLR 213 (05 October 1982)

A resident plaintiff company may be ordered to provide security for costs if there is reason to believe it cannot pay the defendant's costs, regardless of third-party financing by the beneficial owner.

Source-derived case information.

Citation
[1982] JLR 213
Parties
Plaintiff: Davest Investments Ltd.; Defendant: Bryant
Jurisdiction
Jersey
Judgment Date
05 October 1982
Procedural Posture
Civil / Interlocutory Application
Outcome
Security for costs may be ordered against a resident plaintiff company unable to pay defendant's costs.
Legal Topics
Costs, Security for Costs
Civil Procedure Costs Security for Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Davest Investments Ltd.

Plaintiff

Bryant

Defendant

Procedural Posture

Civil / Interlocutory Application

  1. 1 Whether a resident plaintiff company can be ordered to provide security for costs under Royal Court Rules 1982, r.4/1(4) if there is reason to believe it cannot pay the defendant's costs.
  2. 2 Whether the beneficial owner's financing of litigation affects the requirement for security for costs.

Ratio Decidendi

A resident plaintiff company may be ordered to provide security for costs if there is reason to believe it cannot pay the defendant's costs, regardless of third-party financing by the beneficial owner.

Court Disposition

Security for costs may be ordered against a resident plaintiff company unable to pay defendant's costs.