GEOQUIP MARINE OPERATIONS AG v TOWER RESOURCES CAMEROON SA & ANOR.

GEOQUIP MARINE OPERATIONS AG v TOWER RESOURCES CAMEROON SA & ANOR.

Costs should be allocated according to success on distinct claims: Geoquip is awarded costs for the balance of the lumpsum claim and guarantee, Defendants are awarded costs for the Standby Costs claim and related guarantee, and Defendants must pay costs for the adjournment application. Detailed assessment is required due to disputed allocation.

Parties
Claimant: Geoquip Marine Operations AG; Defendant: Tower Resources Cameroon SA; Defendant: Tower Resources PLC
Jurisdiction
England and Wales
Judgment Date
09 June 2022
Procedural Posture
Commercial Claim / Post Judgment Costs Determination
Outcome
Costs allocated by claim: Geoquip awarded costs for lumpsum and guarantee; Defendants awarded costs for Standby Costs and guarantee; Defendants pay costs of adjournment application; detailed assessment ordered; no payment on account.
Legal Topics
Costs, Guarantee, Estoppel, Adjournment, Summary Assessment
Civil Procedure Contract Law Costs Guarantee Estoppel Adjournment Summary Assessment

Case Brief

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Parties

Geoquip Marine Operations AG

Claimant

Tower Resources Cameroon SA

Defendant

Tower Resources PLC

Defendant

Procedural Posture

Commercial Claim / Post Judgment Costs Determination

Legal Issues

  1. 1 Who is the successful party for costs purposes under CPR rule 44.2(2)?
  2. 2 How should costs be allocated between distinct claims?
  3. 3 Should conduct and mediation failures affect costs orders?

Ratio Decidendi

Costs should be allocated according to success on distinct claims: Geoquip is awarded costs for the balance of the lumpsum claim and guarantee, Defendants are awarded costs for the Standby Costs claim and related guarantee, and Defendants must pay costs for the adjournment application. Detailed assessment is required due to disputed allocation.

Court Disposition

Costs allocated by claim: Geoquip awarded costs for lumpsum and guarantee; Defendants awarded costs for Standby Costs and guarantee; Defendants pay costs of adjournment application; detailed assessment ordered; no payment on account.

Orders

  • Defendants to pay Geoquip costs for balance of lumpsum claim and associated guarantee.
  • Geoquip to pay Defendants costs for Standby Costs claim and associated guarantee.