Awendale Resources Incorporated v Pyxis Capital Management Ltd

Awendale Resources Incorporated v Pyxis Capital Management Ltd

Costs should follow the event and be paid by Awendale to Pyxis. Summary assessment is not appropriate; costs will be subject to detailed assessment with a payment on account of £120,000. Payment of costs is stayed for nine months to allow for possible application to lift the stay.

Source-derived case information.

Parties
Claimant: Awendale Resources Incorporated; Defendant: Pyxis Capital Management Limited
Jurisdiction
England and Wales
Judgment Date
22 July 2020
Procedural Posture
Civil / Costs Judgment Following Stay of Proceedings
Outcome
Costs ordered against Claimant, payment stayed for nine months, payment on account ordered.
Legal Topics
Costs, Stay of Proceedings, Jurisdiction, Summary Assessment
Civil Procedure Costs Stay of Proceedings Jurisdiction Summary Assessment

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Parties

Awendale Resources Incorporated

Claimant

Pyxis Capital Management Limited

Defendant

Procedural Posture

Civil / Costs Judgment Following Stay of Proceedings

Legal Issues

  1. 1 Whether costs should follow the event or be reserved after a stay of proceedings under Article 29 of Regulation (EC) No. 1215/2012
  2. 2 Whether summary assessment or detailed assessment of costs is appropriate
  3. 3 Whether payment of costs should be stayed

Ratio Decidendi

Costs should follow the event and be paid by Awendale to Pyxis. Summary assessment is not appropriate; costs will be subject to detailed assessment with a payment on account of £120,000. Payment of costs is stayed for nine months to allow for possible application to lift the stay.

Court Disposition

Costs ordered against Claimant, payment stayed for nine months, payment on account ordered.

Orders

  • Awendale to pay Pyxis’s costs of the application, subject to detailed assessment.
  • Awendale to pay £120,000 on account of costs within 14 days after expiry of the nine-month stay, unless it applies to lift the stay within that period.