Our law office has successfully obtained an order for security of costs by the Court of Appeal
- Chara Palekythriti
- Jan 23
- 2 min read
Updated: 4 days ago
This article provides a short overview of the recent decision of the Court of Appeal in the Civil Appeal no. 279/19 in which an order for security of costs has been issued. The lead lawyer of our law office successfully represented the applicant/appellee.
On the 23rd of December 2024, the Court of Appeal (Civil Division) issued its decision on the application of the appellee requesting an order of security of costs to be issued against the appellant. The Court accepted the application and issued an order for security of costs.
Furthermore, the Court decided that, if the appellant fails to comply with this order within 60 days from the decision, the appeal shall be rejected. The Court suspended the procedure for this purpose.
The Court took into account the undisputed claim of the applicant that the appellant (company) has not filed annual reports with the Registrar of Companies since 2006, that no amount has been paid for legal fees for the first instance procedure, that the appellant is unable to pay any amount towards the payment of legal fees and that it does not have any movable or immovable property estate.
In addition, the Court took into consideration the fact that the director of the company not only did not refute what was said by the applicant, but admitted that the company has been dormant since 2015, that it has no sources of income and that there is an inability to meet the request for security of costs. Also, his claim that the company is expecting orders soon was considered general, vague and unsubstantiated.
You can read the decision by clicking on the below link:
This article has been written by Chara Palekythriti, Lawyer - Legal Consultant ©
Disclaimer: This article is for informative purposes only and does not constitute legal advice, opinion or otherwise.
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