Home Farm Developments and Others -v- Le Sueur [2014] JRC 131 (16 June 2014)

Home Farm Developments and Others -v- Le Sueur [2014] JRC 131 (16 June 2014)

The Master has jurisdiction under Rule 4/1(4) of the Royal Court Rules 2004 to order security for costs for an appeal to the Royal Court. Security for costs can be ordered against resident plaintiffs in special or unusual circumstances. In this case, the lack of financial information, the plaintiffs' conduct, the appearance of the corporate plaintiffs as empty shells, and the weakness of the appeal constitute sufficiently unusual circumstances to justify ordering security for costs against all plaintiffs.

Citation
[2014] JRC 131
Parties
Plaintiff: Home Farm Developments; Plaintiff: Strata Developments Limited; Plaintiff: Mr Holmes; Defendant: Le Sueur
Jurisdiction
Jersey
Judgment Date
16 June 2014
Procedural Posture
Application for Security for Costs in Appeal / Post Judgment, Pre Appeal Hearing
Outcome
Application granted in part
Legal Topics
Security for Costs, Appeals, Jurisdiction, Corporate Plaintiffs, Resident Plaintiffs
Civil Procedure Security for Costs Appeals Jurisdiction Corporate Plaintiffs Resident Plaintiffs

Case Brief

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Parties

Home Farm Developments

Plaintiff

Strata Developments Limited

Plaintiff

Mr Holmes

Plaintiff

Le Sueur

Defendant

Procedural Posture

Application for Security for Costs in Appeal / Post Judgment, Pre Appeal Hearing

Legal Issues

  1. 1 Whether the Master has jurisdiction to order security for costs for an appeal to the Royal Court
  2. 2 Whether security for costs can be ordered against a Jersey resident individual
  3. 3 Whether security for costs should be ordered against the first and second (corporate) plaintiffs

Ratio Decidendi

The Master has jurisdiction under Rule 4/1(4) of the Royal Court Rules 2004 to order security for costs for an appeal to the Royal Court. Security for costs can be ordered against resident plaintiffs in special or unusual circumstances. In this case, the lack of financial information, the plaintiffs' conduct, the appearance of the corporate plaintiffs as empty shells, and the weakness of the appeal constitute sufficiently unusual circumstances to justify ordering security for costs against all plaintiffs.

Court Disposition

Application granted in part

Orders

  • Plaintiffs to provide security for costs in the sum of £15,000 by 27 June 2014.
  • If security is not paid by that date, the appeal will be struck out.