De Riedmatten v Maurel (6 of 2000) [2005] SCSC 12 (5 October 2005)

De Riedmatten v Maurel (6 of 2000) [2005] SCSC 12 (5 October 2005)

The plaintiff is a non-resident and there are good reasons to order security for costs and damages; however, the amount sought by the defendant was excessive and was reduced to a reasonable sum commensurate with the counterclaim.

Citation
[2005] SCSC 12
Parties
Plaintiff: Andre de Riedmatten; Defendant: Gerald Maurel
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
5 October 2005
Case Number
6 of 2000
Procedural Posture
Civil / Interlocutory Application for Security for Costs
Outcome
Application allowed in part
Legal Topics
Security for Costs, Non Resident Litigants, Discretion of Court
Source Language
English
Civil Procedure Security for Costs Non Resident Litigants Discretion of Court

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Andre de Riedmatten

Plaintiff

Gerald Maurel

Defendant

Procedural Posture

Civil / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 Whether the non-resident plaintiff should be ordered to provide security for costs and damages pursuant to the defendant's counterclaim

Ratio Decidendi

The plaintiff is a non-resident and there are good reasons to order security for costs and damages; however, the amount sought by the defendant was excessive and was reduced to a reasonable sum commensurate with the counterclaim.

Court Disposition

Application allowed in part

Orders

  • Plaintiff to deposit Rs. 220,000 at the Registry of the Supreme Court on or before 31st December 2005 as security for costs and damages; failing which, all further proceedings in the suit shall be stayed.