G & A Ltd v HNJ Jewelry (Asia) Ltd

G & A Ltd v HNJ Jewelry (Asia) Ltd

The claimants/respondents were substantially successful in the construction of the contract, but as their construction was not fully accepted, they are entitled to 75% of their costs both at trial and on appeal, to be paid by the first, third, and fourth defendants.

Parties
Claimant/respondent: G & A Limited; Defendant/appellant: HNJ Jewelry (Asia) Limited; Defendant/appellant: HNJ Jewelry (Asia) Limited (First and Fourth Defendants)
Jurisdiction
England and Wales
Judgment Date
22 June 2004
Procedural Posture
Civil Appeal / Costs Determination After Appeal Judgment
Outcome
Claimants/respondents awarded 75% of their costs at trial and on appeal, assessed at £40,000, to be paid by the first, third, and fourth defendants.
Legal Topics
Interpretation of Supply Contracts, Costs Orders, Notice Periods for Termination
Contract Law Civil Procedure Interpretation of Supply Contracts Costs Orders Notice Periods for Termination

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Parties

G & A Limited

Claimant/respondent

HNJ Jewelry (Asia) Limited

Defendant/appellant

HNJ Jewelry (Asia) Limited (First and Fourth Defendants)

Defendant/appellant

Procedural Posture

Civil Appeal / Costs Determination After Appeal Judgment

Legal Issues

  1. 1 Proper construction of the supply contract's termination clause
  2. 2 Entitlement to costs following the outcome of the appeal

Ratio Decidendi

The claimants/respondents were substantially successful in the construction of the contract, but as their construction was not fully accepted, they are entitled to 75% of their costs both at trial and on appeal, to be paid by the first, third, and fourth defendants.

Court Disposition

Claimants/respondents awarded 75% of their costs at trial and on appeal, assessed at £40,000, to be paid by the first, third, and fourth defendants.

Orders

  • Order for payment of 75% of £40,000 in costs to the claimants/respondents.
  • Costs to be paid by the first, third, and fourth defendants.