Wirsol Energy Ltd v

Wirsol Energy Ltd v

The summary judgment application was properly brought based on the defences advanced at the time. The claimant is entitled to its costs up to and including receipt of the 16 October evidence, after which costs should be reserved for determination at trial.

Parties
Claimant: Wirsol Energy Limited; Defendant: Toucan Energy Holdings Limited
Jurisdiction
England and Wales
Judgment Date
06 December 2018
Procedural Posture
Summary Judgment Application / Costs Determination Following Withdrawal of Application
Outcome
Claimant awarded costs up to and including receipt of 16 October evidence; costs thereafter reserved.
Legal Topics
Summary Judgment, Costs, Assignment, Setoff, Conditions Precedent, Waiver
Commercial Law Contract Law Summary Judgment Costs Assignment Setoff Conditions Precedent Waiver

Case Brief

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Parties

Wirsol Energy Limited

Claimant

Toucan Energy Holdings Limited

Defendant

Procedural Posture

Summary Judgment Application / Costs Determination Following Withdrawal of Application

Legal Issues

  1. 1 Whether the summary judgment application was properly brought and when it should have been withdrawn
  2. 2 Entitlement to costs following withdrawal of summary judgment application
  3. 3 Effect of assignment and setoff claims

Ratio Decidendi

The summary judgment application was properly brought based on the defences advanced at the time. The claimant is entitled to its costs up to and including receipt of the 16 October evidence, after which costs should be reserved for determination at trial.

Court Disposition

Claimant awarded costs up to and including receipt of 16 October evidence; costs thereafter reserved.

Orders

  • Claimant to have its costs on the standard basis up to and including receipt of the 16 October evidence.
  • Costs after 16 October reserved for determination at trial.