Gordon v Harry

Gordon v Harry

The trial judge made a material error in the exercise of his discretion regarding the allocation of trial costs, as he intended Mr Harry to pay only one-third of the trial costs but ordered two-thirds. The appellate court exercised its discretion afresh and amended the order accordingly.

Parties
Claimant/respondent: Juliet Beverly Gordon; Defendant/applicant: Brian Paul Harry
Jurisdiction
England and Wales
Judgment Date
08 September 2004
Procedural Posture
Civil Appeal / Application for Extension of Time and Permission to Appeal Out of Time; Appeal on Costs Order
Outcome
Appeal allowed in part; extension of time granted; costs order varied
Legal Topics
Costs, Discretion of Trial Judge, Appeal Out of Time, Beneficial Ownership, Order for Sale
Civil Procedure Property Law Costs Discretion of Trial Judge Appeal Out of Time Beneficial Ownership Order for Sale

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Parties

Juliet Beverly Gordon

Claimant/respondent

Brian Paul Harry

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Extension of Time and Permission to Appeal Out of Time; Appeal on Costs Order

Legal Issues

  1. 1 Whether the trial judge erred in the exercise of discretion regarding the costs order for the trial
  2. 2 Whether the appellant should be granted an extension of time to appeal the costs order

Ratio Decidendi

The trial judge made a material error in the exercise of his discretion regarding the allocation of trial costs, as he intended Mr Harry to pay only one-third of the trial costs but ordered two-thirds. The appellate court exercised its discretion afresh and amended the order accordingly.

Court Disposition

Appeal allowed in part; extension of time granted; costs order varied

Orders

  • Time for lodging appellant's notice extended to date of filing
  • Permission to appeal out of time granted