Bateman Engineering Inc. v Nelson Gold Corporation Ltd and Commonwealth & British Services Ltd 1997 Civil Jur. No. 418

• Jurisdiction: Bermuda
• Judgment Date: 06 July 1999
• Date: 06 July 1999
• Docket Number: Civil Jurisdiction 1997 No. 418
• Court: Supreme Court (Bermuda)

In the Supreme Court of Bermuda

Ward, CJ

Civil Jurisdiction 1997 No. 418

BETWEEN:

Bateman Engineering Inc

Plaintiff

and

(1) Nelson Gold Corporation Limited

(2) Commonwealth & British Services Ltd

(3) Commonwealth & British Minerals Ltd

(4) Commonwealth & British Minerals Plc

Defendant

Mr A Dunch of Messrs Mello, Hollis, Jones & Martin for the Plaintiff

Miss H Cooper of Messrs Conyers, Dill & Pearman for the Defendant

Aeronave SPA v Westland Charters LtdUNK [1971] 3 All ER 531

Royal Gazette Ltd v Attorney General 1983 Civil Appeal No. 14

Simons v Criminal Injuries Compensation Board 1990 Civil Appeal No. 9

McCullin v ButlerELR [1962] 2 QB 309

Neck v TaylorELR [1893] 1 QB 560

Rules of the Supreme Court, Order 23, Rule 1

Security for costs — Plaintiff outside the jurisdiction — Quantum of order — Should work done by foreign attorneys be covered in the order — Amount of order must conform with Bermuda scale

RULING

Summons Dated 1st March 1999

This is an application by the defendants for an order that the plaintiff do give security for the defendants' costs on the ground that the plaintiff is ordinarily resident out of the jurisdiction.

The Summons is brought pursuant to Order 23 Rule 1(1)(a) of the Rules of the Supreme Court 1985 which reads:

‘Where, on the application of a defendant to an action or other proceedings in the Court it appears to the Court that the plaintiff is ordinarily resident out of the jurisdiction, then if, having regard to all the circumstances of the case, the Court thinks it just to do so, it may order the plaintiff to give such security for the defendant's costs of the action or other proceedings as it thinks just.’

The plaintiff is part of a US based diversified engineering and construction group of companies. It is not a Bermudian exempted company and is ordinarily resident out of the jurisdiction in Colorado, USA.

It is accepted that the Court has jurisdiction to make the order.

The second question is whether in the circumstances of this case the Court thinks it just to do so. The usual practice where the plaintiff is resident out of the jurisdiction is that an order for security is made if the justice of the case demanded it. Aeronave SPA et al -v- Westland Charters Ltd et alUNK[1971] 3 All ER 531. This case appears to me to be a proper case for the making of an order.

The third question is the quantum of the order. The defendants have submitted an itemised description of the costs...