Absolute Living Developments Ltd (in liquidation) (acting by its liquidator Brittain) v DS7 Ltd and others

Costs – Security for costs. The claimant company, acting by its liquidator, brought a claim against various defendants. The Companies Court dismissed the defendants' application for security for costs against the claimant where there was a clear risk that, should such an order to be made, the claim would be stifled and a bona fide and genuine claim would not be brought. The court held that the balance clearly favoured the liquidator continuing to bring the claims on behalf of the claimant for the benefit of its creditors.

Category: