Auguste & Or v Forest Builders (Pty) Ltd (CS 99/2004) [2004] SCSC 39 (7 July 2004)

Auguste & Or v Forest Builders (Pty) Ltd (CS 99/2004) [2004] SCSC 39 (7 July 2004)

The director cannot be restrained from leaving the jurisdiction as the company is a separate legal entity and there is no established right affected by his departure. Security for costs or damages cannot be ordered as the director is not a non-resident and the relevant legal provisions do not apply to the present applicants.

Citation
[2004] SCSC 39
Parties
Plaintiff: Auguste & Or; Defendant: Forest Builders (Pty) Ltd
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
7 July 2004
Case Number
CS 99/2004
Procedural Posture
Civil / Interlocutory Application (notice of Motion)
Outcome
Application dismissed
Legal Topics
Security for Costs, Security for Damages, Restriction of Movement, Corporate Personality
Source Language
English
Civil Procedure Contract Law Security for Costs Security for Damages Restriction of Movement Corporate Personality

Case Brief

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Parties

Auguste & Or

Plaintiff

Forest Builders (Pty) Ltd

Defendant

Procedural Posture

Civil / Interlocutory Application (notice of Motion)

Legal Issues

  1. 1 Whether the director of the defendant company can be restrained from leaving the jurisdiction pending determination of the main suit
  2. 2 Whether the defendant company should be ordered to deposit security for damages and costs

Ratio Decidendi

The director cannot be restrained from leaving the jurisdiction as the company is a separate legal entity and there is no established right affected by his departure. Security for costs or damages cannot be ordered as the director is not a non-resident and the relevant legal provisions do not apply to the present applicants.

Court Disposition

Application dismissed

Orders

  • Plaintiffs' prayers (a), (b), and (c) of the Notice of Motion are declined