JFA Holdings v Latitutes Consulting (CS 49/2011) [2011] SCSC 57 (19 September 2011)

JFA Holdings v Latitutes Consulting (CS 49/2011) [2011] SCSC 57 (19 September 2011)

Given the respondent is a non-resident with no assets in Seychelles, there is a real risk as to recovery of costs and damages if the applicants succeed. Security for costs and a reasonable proportion of security for damages are justified under Article 16 CCS.

Citation
[2011] SCSC 57
Parties
Applicant/defendant/counter Claimant: JFA Holdings; Respondent/plaintiff: Latitutes Consulting
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
19 September 2011
Case Number
CS 49/2011
Procedural Posture
Civil Application / Ruling on Interlocutory Application for Security for Costs and Damages, and Stay of Proceedings
Outcome
application allowed in part
Legal Topics
Security for Costs, Security for Damages, Stay of Proceedings, Non Resident Litigants
Source Language
English
Civil Procedure Security for Costs Security for Damages Stay of Proceedings Non Resident Litigants

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Parties

JFA Holdings

Applicant/defendant/counter Claimant

Latitutes Consulting

Respondent/plaintiff

Procedural Posture

Civil Application / Ruling on Interlocutory Application for Security for Costs and Damages, and Stay of Proceedings

Legal Issues

  1. 1 Whether the applicants are entitled to security for costs from the non-resident respondent
  2. 2 Whether applicant no 1 is entitled to security for damages on the counter-claim
  3. 3 Whether proceedings should be stayed pending provision of security

Ratio Decidendi

Given the respondent is a non-resident with no assets in Seychelles, there is a real risk as to recovery of costs and damages if the applicants succeed. Security for costs and a reasonable proportion of security for damages are justified under Article 16 CCS.

Court Disposition

application allowed in part

Orders

  • Respondent to deposit R272,611 as security for costs with the Registrar within 60 days
  • Respondent to deposit €153,000 as security for damages with the Registrar within 60 days