QUEENS BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
| RAIFFEISEN ZENTRALBANK OSTERREICH AG
|- and -
|(1) CROSSSEAS SHIPPING LIMITED
(2) VIPOOL VORA
(3) CITI HOLDINGS CORPORATION
(4) AJAY SHAH
(5) HEMANT SANGHVI
4th Defendant : did not appear and was not represented.
Messrs Lawrence Jones did not appear and were not represented
IN THE MATTER OF S.51 SUPREME COURT ACT 1981
Hearing date : 13th June 2003
Crown Copyright ©
Mr Justice Morison :
Singh v Observer Limited  3 All ER 777 at 777j-778b;
McFarlane v EE Caledonia Limited (No 2)  1 WLR 366 at 373C;
Abraham v Thompson  4 AER 326 [CA] at 367j-368b;
Hamilton v Al Fayed [unreported] 21 December 1999 at transcript pages 7-11.
None of these authorities is entirely satisfactory, for a variety of reasons, but the reasoning of Potter LJ in the Abraham case is directly applicable namely, "where the power exists to grant the remedy, there must also be inherent in that power the power to make ancillary orders to make that remedy effective". Therefore, since section 51 empowers the court to make an order for costs against a person who is not a party to the action, the power would be ineffective unless there was an inherent power to discover who such persons might be. It does not, of course, follow that once the identities are revealed the Court will go on to make an order against anyone who has been identified. That is a matter for the discretion of the court at the second stage. I am satisfied that I have the power to make the order which is sought.
"We have been considering this matter further. As we have previously pointed out, we are not proposing to attend the hearing of your Application. We will be grateful, however, if you could bring to the Court's attention that we will only be able to state the source of funds received in respect of the payment of our costs (whether from Mr Shah or elsewhere). We will not be in a position to disclose the names of parties who have maintained the action, if this be the case, as we do not have sufficient information to determine this."