Clearview International Ltd & Ors v PWH Com Ltd & Ors

Clearview International Ltd & Ors v PWH Com Ltd & Ors

No order as to costs for the main claims; all parties to bear their own costs due to mixed success, exaggeration, and conduct. Claimants to pay all costs relating to Freezing Order applications. Cross-undertakings in damages to be enforced against Claimants as Freezing Order was unjustified. No trustee's lien or allowance granted for expenditure or administration.

Parties
Claimant: Clearview International Limited; Claimant: Armando Bragoli; Claimant: Steven McMahon; Defendant: PWH. COM Limited; Defendant: Darren Hinett; Defendant: John Farnell; Defendant: Mark Woods; Defendant: Polaris World Holidays Limited
Jurisdiction
England and Wales
Judgment Date
06 February 2009
Procedural Posture
Civil / Post Judgment Costs and Consequential Orders
Outcome
No order as to costs for main claims; Claimants to pay Defendants' costs of Freezing Order applications; inquiry ordered for enforcement of cross-undertakings in damages; no trustee's lien or allowance granted; costs of certain applications reserved or adjourned.
Legal Topics
Costs, Derivative Claims, Freezing Orders, Trusts, Injunctions
Civil Procedure Company Law Equity Costs Derivative Claims Freezing Orders Trusts Injunctions

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Parties

Clearview International Limited

Claimant

Armando Bragoli

Claimant

Steven McMahon

Claimant

PWH. COM Limited

Defendant

Darren Hinett

Defendant

John Farnell

Defendant

Mark Woods

Defendant

Polaris World Holidays Limited

Defendant

Procedural Posture

Civil / Post Judgment Costs and Consequential Orders

Legal Issues

  1. 1 Appropriate costs orders following judgment in derivative and company claims
  2. 2 Enforcement of cross-undertakings in damages following discharge of Freezing Order
  3. 3 Entitlement to trustee's lien for expenditure and administration

Ratio Decidendi

No order as to costs for the main claims; all parties to bear their own costs due to mixed success, exaggeration, and conduct. Claimants to pay all costs relating to Freezing Order applications. Cross-undertakings in damages to be enforced against Claimants as Freezing Order was unjustified. No trustee's lien or allowance granted for expenditure or administration.

Court Disposition

No order as to costs for main claims; Claimants to pay Defendants' costs of Freezing Order applications; inquiry ordered for enforcement of cross-undertakings in damages; no trustee's lien or allowance granted; costs of certain applications reserved or adjourned.

Orders

  • No order as to costs for main claims; each party to bear own costs.
  • Claimants to pay Second and Third Defendants' costs of and occasioned by Freezing Order applications, including discharge and fortification applications.