Court orders plaintiff to provide security for defendants' costs and witness expenses pending trial.

[*7] 1981 June 25

(DEMETRIADES, J.)

Abdul Hamid Al Sahi,

Plaintiff,

v.

The Ship “Algazera”,

Defendants.

(Admiralty Action No.300/79).

Admiralty - Practice - Costs - Security for costs - “Skeleton” bill of costs’checked and assessed by Registrar

- Order for security for costs for the sum found by the Registrar and for the sums representing cost of return air tickets of witnesses from London to Cyprus and their loss of time and subsistence.

E. Montanios with D. HadjiChambis, for Applicants - Defendants.

E. Psyllaki, (Mrs.).for Respondents Plaintiff.

RULING

The following ruling was delivered by:-

DEMETRIADES, J.: This is an application by [*8] which the defendants apply -

(a) for an order directing the plaintiff to give further security for costs in the sum of C£8,000.- or such sum as the Court shall deem fit;

(b)that all proceedings in the action be stayed until such security be given; and

(c) for the costs of the application.

The application is based on the Cyprus Admiralty Jurisdiction Order 1893, Rules 185, 203, 207, 208 and 212, and on the inherent jurisdiction and powers of the Court.

The plaintiff opposed the application, but on the day of the hearing, counsel for the plaintiff very responsibly conceded that the defendants-applicants were indeed entitled to security for costs; what, she said, she disputed was the amount the applicants-defendants claimed to be entitled to be secured for.

The application of the defendants, is supported by an affidavit filed by Miss Persefoni Panayi, an advocate in the firm of counsel representing the defendants-applicants, to which there is attached what is described as a “skeleton bill of the costs”, which they allege that they may have to recover if the plaintiff fails to prove his claim.

In view of the admission on behalf of

the plaintiff that the defendants-applicants are entitled to [*9] an order for security of their costs, the only issue that has to be

decided is the amount of security to be furnished by the plaintiff.

As matters which deal with bills of costs do not fall within the sphere of duties of Judges, I requested the Registrar of the Admiralty Division of this Court to check the “skeleton” bill submitted by the applicants - defendants and to assess the advocates costs after going through the bulky file of the action. He did so and he informed me that provisionally the advocates fees and costs do not exceed the sum of C£1,298.500 mils. As the Registrar has a great experience in assessing and taxing costs, I accept his assessment.

In addition to advocates fees and costs, the defendants-applicants claim a further sum for air fafres, subsistence and loss of time for six witnesses that they intend to bring from the United Kingdom. The defendantsapplicants claim under this head the sum of C£5,544-.500 mils. With regard to this, Miss Panayi in her affidavit says that in order to defend the action, it will be necessary to call, at least, six witnesses from England, including two solicitors and an expert in handwriting. She, further, says that from information received from a reliable travel agency - which she does not name - the return air tickets of the six witnesses from London to Cyprus will total C£2,664.- and that the minimum loss of time of the said witnesses is estimated to be five days which, together with hotel accommodation, subsistence and transport expenses, will [*10] involve . a further sum of about C£2,880.-

I am prepared to add to the advocates fees as found by the Registrar the.amount of the air fares, but as regards the loss of time claimed and having in mind the nature of the profession of the witnesses and the provisions made in our Rules of Court for loss of time of witnesses and their subsistence, I am inclined to add a further sum of C£400.- calculated as follows

Loss of time of 6 witnesses @ £12 = 72 x 3 days = £216.-

Hotel accommodation for 3 nights each at £10 per night = £180.-

TOTAL £396.-

Say £400. -

As the total of the above is £4,362.-, I order that the plaintiff furnishes security in the above sum. This security should be given on or before the 10th July, 1981. In the meantime, all proceedings in the action should be stayed. If the security is not given on or before the 10th July, 1981, the defendants shall be at liberty to apply to have the case dismissed, unless otherwise ordered in the meantime.

Application granted.

Security for costs for

£4.362.- to be given by

plaintiff.