Bulk Trading SA v Moeller

Bulk Trading SA v Moeller

The judge was entitled to exercise his discretion to make no order as to costs, considering the claimants' conduct in maintaining a fax line for non-operational reasons and their responsibility for their agent's failure to respond to correspondence. The judge was also entitled to correct and add reasons to the transcript of his oral judgment.

Parties
Claimant: Bulk Trading S.A.; Respondent: Moeller
Jurisdiction
England and Wales
Judgment Date
14 September 2006
Procedural Posture
Civil Appeal / Application for Permission to Appeal (costs Order)
Outcome
Application for permission to appeal dismissed
Legal Topics
Costs, Setting Aside Arbitration Award, Notice Requirements, Judicial Discretion
Arbitration Civil Procedure Costs Setting Aside Arbitration Award Notice Requirements Judicial Discretion

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Parties

Bulk Trading S.A.

Claimant

Moeller

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (costs Order)

Legal Issues

  1. 1 Whether the judge erred in making no order as to costs after setting aside an arbitration award for lack of notice
  2. 2 Whether the judge was entitled to correct and add reasons to the transcript of his oral judgment

Ratio Decidendi

The judge was entitled to exercise his discretion to make no order as to costs, considering the claimants' conduct in maintaining a fax line for non-operational reasons and their responsibility for their agent's failure to respond to correspondence. The judge was also entitled to correct and add reasons to the transcript of his oral judgment.

Court Disposition

Application for permission to appeal dismissed

Orders

  • No order as to costs