W. POWER GROUP EOOD v MINGYANG WIND POWER [2023] SGHC(I) 15 (29 September 2023)

W. POWER GROUP EOOD v MINGYANG WIND POWER [2023] SGHC(I) 15 (29 September 2023)

Security for costs was ordered because the claimant is a foreign company, is insolvent, has not traded since 2012, and there is no evidence its impecuniosity was caused by the defendant or that security would stifle a legitimate claim. The quantum of S$70,000 was set as reasonable pre-trial security based on...

Source-derived case information.

Citation
[2023] SGHC(I) 15
Parties
Claimant: W Power Group EOOD; Defendant: Ming Yang Wind Power (International) Co Ltd
Jurisdiction
Singapore
Judgment Date
29 September 2023
Procedural Posture
Originating Application (singapore International Commercial Court) / Interlocutory Application for Security for Costs
Outcome
Application for security for costs granted.
Legal Topics
Security for Costs, Impecuniosity of Claimant, Jurisdictional Issues, Joint Venture Disputes
Civil Procedure Commercial Law Security for Costs Impecuniosity of Claimant Jurisdictional Issues Joint Venture Disputes

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Parties

W Power Group EOOD

Claimant

Ming Yang Wind Power (International) Co Ltd

Defendant

Procedural Posture

Originating Application (singapore International Commercial Court) / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 Whether security for costs should be ordered against a foreign claimant company under Order 9 r 12 of the Rules of Court 2021 and s 388 of the Companies Act 1967
  2. 2 Whether the claimant's impecuniosity was caused by the defendant and whether security would stifle a legitimate claim
  3. 3 Quantum of security for costs

Ratio Decidendi

Security for costs was ordered because the claimant is a foreign company, is insolvent, has not traded since 2012, and there is no evidence its impecuniosity was caused by the defendant or that security would stifle a legitimate claim. The quantum of S$70,000 was set as reasonable pre-trial security based on available estimates and procedural guidance.

Court Disposition

Application for security for costs granted.

Orders

  • Claimant to provide security of S$70,000 for defendant's costs up to commencement of trial within 7 days.
  • Security to be by payment into court, banker's guarantee, solicitors' undertaking, or as directed by the court.