Rajvel Construction Ltd v Bestville Properties Ltd

Rajvel Construction Ltd v Bestville Properties Ltd

The judge had discretion to make a personal costs order against Mr Bhuva because his failure to make full and frank disclosure led directly to the costs incurred in the second application for security for costs.

Parties
Appellant: Rajvel Construction Ltd; Respondent: Bestville Properties Ltd
Jurisdiction
England and Wales
Judgment Date
20 April 2012
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Security for Costs, Personal Costs Orders, Full and Frank Disclosure
Civil Procedure Security for Costs Personal Costs Orders Full and Frank Disclosure

Case Brief

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Parties

Rajvel Construction Ltd

Appellant

Bestville Properties Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the judge erred in making a personal costs order against Mr Bhuva for failure to make full and frank disclosure
  2. 2 Whether the exercise of discretion to award costs was proper

Ratio Decidendi

The judge had discretion to make a personal costs order against Mr Bhuva because his failure to make full and frank disclosure led directly to the costs incurred in the second application for security for costs.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Personal costs order against Mr Bhuva upheld