Betta Oceanway Company v SC Tomini Trading SR (Costs)

Betta Oceanway Company v SC Tomini Trading SR (Costs)

Both the claimant and defendant were successful in opposing Mr Vatistas’ applications, and there are no reasons to depart from the ordinary rule that the unsuccessful party pays the costs. The costs claimed were assessed and reduced to reasonable and proportionate amounts.

Parties
Claimant: Betta Oceanway Company; Defendant: SC Tomini Trading SR; Applicant/intervener: George Vatistas; Intervener: Intervener (not named as party)
Jurisdiction
England and Wales
Judgment Date
08 June 2024
Procedural Posture
Commercial Court Application / Judgment on Costs Following Dismissal of Intervention and Joinder Applications
Outcome
Application dismissed; costs awarded to claimant and defendant against applicant/intervener.
Legal Topics
Costs Orders, Intervention Applications, Joinder of Parties
Civil Procedure Costs Costs Orders Intervention Applications Joinder of Parties

Case Brief

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Parties

Betta Oceanway Company

Claimant

SC Tomini Trading SR

Defendant

George Vatistas

Applicant/intervener

Intervener (not named as party)

Intervener

Procedural Posture

Commercial Court Application / Judgment on Costs Following Dismissal of Intervention and Joinder Applications

Legal Issues

  1. 1 Whether the applicant/intervener should pay the costs of the failed applications to intervene and be joined as a party
  2. 2 Whether the costs claimed by the claimant and defendant are reasonable and proportionate

Ratio Decidendi

Both the claimant and defendant were successful in opposing Mr Vatistas’ applications, and there are no reasons to depart from the ordinary rule that the unsuccessful party pays the costs. The costs claimed were assessed and reduced to reasonable and proportionate amounts.

Court Disposition

Application dismissed; costs awarded to claimant and defendant against applicant/intervener.

Orders

  • Mr Vatistas is ordered to pay the claimant’s costs in the amount of £40,000 within 14 days.
  • Mr Vatistas is ordered to pay the defendant’s costs in the amount of £70,000 within 14 days.