Supreme Court
Decision Information
Abstract: Application for security for costs - Respondent residing outside Northwest Territories - Court taking into account counsel's undertaking that Respondent would personally appear for examination for discovery without payment of witness fees or conduct money - Court finding $1,000.00 appropriate quantum of security.
Decision: Order granting Respondent security for Defendant's costs of action in amount of $1,000.00 - Court staying proceedings until security given.
Subjects: Costs
Keywords: Security
Undertaking
Quantum
Decision Content
•—- 5C ov n% oig IN THE- SUPREME COURT OF THE NORTHWES.' TERRITORIES IN THE MATTER OF the Companies Winding-up Ordinance, being Ci apter 14 of the Revised Ordinances of the Northwest Territories, 19 74, and emendments thereto;
AND IN THE MATTER OF the v/inding-up of Wilde Property Investments Ltd.
B E T W E E N : BARRY MARGOLESE, APPLICANT AND: WILDE PROPERTY INVESTMENTS LTD. RESPONDENT
Application heard May 29th, 1978. Fiat entered May 30th, 1978. Application for security for costs granted,
Counsel on the Hearing; Mr. E. Richard for the Applicant Wilde Property Investments Ltd.
Mr. Robert M.E. Wilson for the Respondent Barry Margolese,
w h
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OF the Companies \ Winding-Up Ordinance, being Chapter 14 of the Revised Ordinances of the Nortlwest Territories, 19 74, and amendments thereto;
AND IN THE MATTER of the winding-up of Wilde Property Investments Ltd,
B E T W E E N
BARRY MARGOLESE, APPLICANT AND;
WILDE PROPERTY INVESTMENTS LTD. RESPONDENT F I A T This is an application for security for costs. The respondent Barry Margolese does not reside in the Northwest Territories and has no property within the Northwest Territories. Counsel for the respondent agreed that an order of security for costs should issue and undertook to have his client Barry Margolese personally appear in the jurisdiction for an examination for discovery without payment of witness fees or conduct money. I accordingly took this undertaking into account in fixing the amount of security to be given. As to f the amount of security I find that $1,000.00 v/ould be appropriate
- 2 having regard to all the circumstances. I therefore order that the respondent Earry Margolese give security for the defendant's (Wilde Property Investments Ltd.) costs of this action in the aniount of $1,000.00 by payiiaent thereof to the Clerk of the Court or by bond therefor given to the defendant and approved by its solicitors or by the court. I further order that, until the said security for costs is given, all further proceedings in this action are stayed. In default of such security being given within the time above limited, the respondent's (Barry Margolese) action herein shall stand dismissed with costs without further order, unless the court on special application otherwise directs. The costs of and incidental to this application shall be costs in the cause. DATED at Yellowknife, in the Northwest Territories, this 30th day of May, A.D. 1978.
J.S.C.
SCJM354 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
IN THE MATTER OF t h e Companies V? ind ing-Up O r d i n a n c e , b e i n g Ch; 14 of t h e R e v i s e d O r d i n a n c e s o: H o r t h v , ' e s t T e r r i t o r i e s , 19 74, ai a m e n d m e n t s t h e r e t o ; AND IN THE MATTER o f t h e windii o f W i l d e P r o p e r t y I n v e s t : m e n t s ] B E T V7 E E N : BARRY MARGOLESE, APPLICANT AND; WILDE PROPERTY INVESTMENTS LTD RESPONDENT
F I A T
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OF the Companies Winding-Up Ordinance, being Chapter 14 of the Revised, Ordinances of the Northwest Territories, 1974, and amendments thereto;
AND IN THE MATTER of the winding-up of Wilde Property Investments Ltd,
B E T VI E E N BARRY MARGOLESE, APPLICANT AND: WILDE PROPERTY INVESTMENTS LTD, RESPONDENT F I A T Counsel have brought to my attention the fact that a fiat issued herein on May 30th, 1978 refers to a time limit for giving security but in fact no time limit is specified. In checking over my notes I find that the time limit was omitted and page 2 of the fiat should in fact provide for a time limit in accordance with the terms set out in the attached page 2. Under the circumstances leave is reserved to counsel to speak to the matter if deemed necessary.
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DATED at the City of Yellowknife, in the Northwest \ Territories, this 13th day of July.. A.D. 1978.
Counsel on the Hearing Mr. J, Edward Richard for the Applicant Wilde Property Investments Ltd, Mr. Robert M.E. Wilson for the Respondent Barry Margolese.
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y / f/ c^-^i C.F. TALLIS, J.S.C.
i having regard to all the circumstances. I therefore order that the respondent Barry Margolese
do within three months from the service of this order give security for the defendant's (Wilde Property Investments Ltd.) costs of this action in the amount of $1,000.00 by payment thereof to the Clerk of the Court or by bond therefor given to the defendant and approved by its solicitors or by the court. I further order that, until the said security for costs is given, all further proceedings in this action are stayed. In default of such security being given within the time above limited, the respondent's (Barry Margolese) action herein shall stand dismissed with costs without further order, unless the court on special application otherwise directs. ^ The costs of and incidental to this application shall be costs i n t h e c a u s e . DATED at Yellowknife, in the Northwest Territories, this 30th day of May, A.D, 1978,
"C,F, TALLIS J.S.C.
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« ^ ^ SC #4 35 4 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OF t h e Cofiipanie; W i n d i n g - U p O r d i n a n c e , b e i n g ci 14 o f t h e R e v i s e d O r d i n a n c e s i. N o r t h w e s t T e r r i t o r i e s , 1974, , amendments t h e r e t o ; AND IN THE MATTER o f t h e windup o f W i l d e P r o p e r t y Investnier L t d ,
B E T W E E N : BARRY MARGOLESE, APPLICANT AND: WILDE PROPERTY INVESTMENTS LTI RESPONDENT
F I A T