Supreme Court
Decision Information
Abstract: Application for security for costs - Respondent not residing within Northwest Territories - Court taking into account undertaking from counsel that Respondent would personally appear for examination for discovery without payment of witness fees or conduct money - Court finding $1,000.00 to be appropriate quantum for security.
Decision: Order granted that respondent five security for Defendant's costs of action in amount of $1,000.00 - Court also ordering that proceedings stayed until security for costs given.
Subjects: Costs
Keywords: Security
Undertaking
Quantum
Decision Content
IN THE SUPREME COURT OF THE NORTHVJEST TERRITORTE.S IN THE MATTER OF the Companies Winding-Up Ordinance, being Chapter 14, of the Revised Ordinances of the Northv/est Tc-rritorj.es , 1974, and amendments thereto;
AND IN THE MATTER OF the windinq- UD of WILDE PROPERTY INVESTMENTS LTD."
B E T W E E N GEORGE MOSS APPLICANT AND; WILDE PROPERTY INVESTMENTS LTD, RESPONDENT .1 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 Georre Moss.
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IN THE SUPREME COURT OF THE NORTHl'TEST 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 M_ATTER OF the winding-up of WILDE PROPERTY INVESTMENTS LTD.
B E T W E E N GEORGE MOSS APPLICANT AND; WILDE PROPERTY INVESTMENTS LTD. RESPONDENT F I A T This is an application for security for costs. The respondent George Moss does not reside in the Northwest Territories and has no property within the Northwest Territories. Counsel for the respondent George Moss agreed that an order of security for costs should issue and undertook to have his client George Moss personally appear in the jurisdiction for an examination for discovery v/ithout payment of witness fees or conduct money. I accordingly took this undertaking into account t
- 2 -\ in fixing the amount of security to be given. As to the amount of security I find that $1,000.00 would be appropriate having regard to all the circumstances. I therefore order that the respondent George Moss 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 (George Moss) 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.
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SC #4355 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
IN THE I4ATTER OF the Compan. Winding-Up Ordinance, being Chapter 14, of the Revised Ordinances of the Northwest Territories, 1974, and amen( thereto;
AND IN THE MATTER OF the wii up of WILDE PROPERTY INVEST? LTD.
B E T W E E N : GEORGE MOSS APPLICA! AND: WILDE PROPERTY INVESTMENTS ] RESPOND!
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 W E E N GEORGE MOSS APPLICANT AND: INVESHB:
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 FliED 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, DATED at the City of Yellowknife, in the Northwest
V T e r r i t o r i e s , t h i s 13 th day o f J u l y , 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 George Moss
?-A^y ,/^ C F . TALLIS J . S . C .
- 2 m in fixing the amount of security to be given. As to the amount of security I find that $1,000.00 would be appropriate having regard to all the circumstances. I therefore order that the respondent George Moss 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 (George Moss) 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 becosts in the cause, DATED at Yellowknife, in the Northwest Territories, this 30th day of May, A,D, 1978.
"C.F. Tallis" J.S.C, i
SC r^-IS^S IN TIIE SUPREME COURT OF THE NORTHWEST TERRITORIES IM THE MATTER OF t i i e Compan ies H i n d i no -Up O r d i n a n c e , b e i n g Cliaptt: 0 f t h e Rc Vi sr; d 01'd i ith n ce s o f the N0r 1.h',.'0s t Te rri to r i e s , 1 H1 '\ , a11d amei id inents t h e r e t o ; AND IM \ l l E MATTER OF t h e v - ' i nd ino up o f 1,'ILDE PROPERTY IMVESTMENTS LTD.
B E T W E E N : GEORGE MOSS APPLICANT AND: WILDE PROPERTY INVESTMENTS LTD. RESPONDENT
F I A T
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'̂' OF ̂,, f^^f^^C- ^r 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; OF the AND IN THE MATTER OF the winding-up of WILDE PROPERTY INVESTMENTS LTD. Ijit.-, B E T, W E E N GEORGE MOSS APPlIffl-A P P L I C A N T
mmii'i AND: W I L D E PROPERTY I N V E S T M E N T S L T D , - ^ RESPONDENT F I A T I have already granted an order for security for costs in this matter which contains a stay of proceedings until the said security for costs is given.
On the application in chambers before me there was also a request for an order staying action No. 4355 until I i after the determination of Supreme Court action 4228 which is an action for specific performance of an alleged agreement to sell certain shares. This action is brought by Wilde United Corporation Ltd, against George Moss, ^^
- 2 I I am n o t p r e p a r e d t o g r a n t a c c o r d i n g l y t he a p p l i c a t i o n f o r a p p l i c a t i o n i s d i s m i s s e d w i t h o u t counse l t o a p p l y f o r an o r d e r d i r e c t i n g be t r i e d t o g e t h e r . In t h i s c o n n e c t i o n o f t h i s c o u r t i n N o r w e s t e r L t d . Company L i m i t e d ; A m y ' s Genera l Stenhouse L i m i t e d e t a l . ; Magrum e t a l . ; Moore e t a l . v . N o r w e s t e r Law Repor ts ( 2d ) 133 . DATED at the City of Yellowknife, in the Northwest I Territories, this 16th day of June, A.D. 1978.
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such a s t a y and the same i s d i s m i s s e d . T h i s p r e j u d i c e to the r i g h t o f t h a t the v a r i o u s a c t i o n s I r e f e r to the j udgmen t v. B r i t i s h A v i a t i o n I n s u r a n c e S t o r e s L t d . v. Reed Shaw a l . v . No rwes te r L t d . e t L t d . e t a l . (1978) 4 A l b e r t a ' ,^y^"^-A\\-' C.F, TaTi:-! J,S,(3 3