Djuric v Toshali Marketing: Appeal Against Stay Order on Security for Costs
In Djuric and Others v Toshali Marketing Pte Ltd, the High Court of Singapore heard an appeal regarding a District Court's decision to stay proceedings until the plaintiffs, Djuric and Others, furnished security for costs. The High Court allowed the appeal, holding that a stay order cannot restrict the right to appeal against that very order. The court remitted the matter to the District Judge to hear the appeal on its merits.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal allowed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding a stay order pending security for costs. The High Court held that the right to appeal cannot be restricted by the stay order itself.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Djuric | Plaintiff, Appellant | Other | Appeal Allowed | Won | |
| Toshali Marketing Pte Ltd | Defendant, Respondent | Corporation | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kan Ting Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ng Hwee Cheng | Rodyk & Davidson |
| Chew Min Wei | Rodyk & Davidson |
| Gwen Teo | Gwen Teo |
4. Facts
- The plaintiffs were to recruit members for the defendant, a timeshare and club membership company.
- The defendant was to pay the plaintiffs based on membership fees received through their efforts.
- The plaintiffs claimed the defendant failed to fulfill its obligations under the agreement.
- The defendant applied for the plaintiffs to provide security for costs because they are foreign nationals residing outside of Singapore with no assets in Singapore.
- A Deputy Registrar ordered the plaintiffs to provide S$20,000 as security for costs, with a stay of proceedings if not furnished.
- The plaintiffs appealed against the order without furnishing the security or obtaining a stay of the order.
- The District Judge dismissed the appeal, holding that it was stayed by the order of 21 September 1999.
5. Formal Citations
- Djuric, 5473/1997, DC Suit 5473/1997
- Djuric, 44, [2000] SGHC 44
6. Timeline
| Date | Event |
|---|---|
| District Court action filed (DC Suit 5473/1997). | |
| Deputy Registrar ordered plaintiffs to provide security for costs. | |
| District Judge dismissed the appeal against the order for security for costs. | |
| High Court allowed the appeal and remitted the matter to the District Judge. |
7. Legal Issues
- Staying of proceedings pending security for costs
- Outcome: The court held that the appeal against the stay order could proceed without the order itself being stayed.
- Category: Procedural
- Right to appeal
- Outcome: The court held that the aggrieved party has a right of appeal against the order, and the court does not have the right to restrict that right.
- Category: Procedural
8. Remedies Sought
- Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- Marketing
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Remm Construction (SA) Pty Ltd v Allco Newsteel Pty Ltd & Ors | Supreme Court of South Australia | Yes | [1992] 57 SASR 180 | South Australia | Cited for the principle that a plaintiff should be free to exercise its right of appeal against an order for security for costs without first complying with that order. |
| JH Billington Ltd v Billington | N/A | Yes | [1907] 2 KB 106 | N/A | Cited for the principle that an appellate court can impose conditions on an appeal, such as furnishing security or paying outstanding costs, before the appeal is heard. |
13. Applicable Rules
| Rule Name |
|---|
| O 55B Rules of Court |
| O 55C Rules of Court |
| O 56 Rules of Court |
| O 57 Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Security for costs
- Stay of proceedings
- Right of appeal
- Banker's guarantee
- Nominal plaintiff
- Interlocutory applications
15.2 Keywords
- security for costs
- stay order
- appeal
- civil procedure
- Singapore High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Procedure | 90 |
| Appeal | 80 |
| Security for Costs | 70 |
| Contracts | 40 |
| Standing | 30 |
16. Subjects
- Civil Procedure
- Appeals
- Security for Costs