29 Jan 1992
THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP "NEDLLOYD NASSAU" v. THE OWNERS OF THE SHIP "NEDLLOYD NASSAU" AND THE OWNERS OF THE SHIPS LISTED IN THE SCHEDULE TO THE STATEMENT OF CLAIM
- Citation
- THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP "NEDLLOYD NASSAU" v. THE OWNERS OF THE SHIP "NEDLLOYD NASSAU" AND THE OWNERS OF THE SHIPS LISTED IN THE SCHEDULE TO THE STATEMENT OF CLAIM
- Court
- Court of Appeal
- Case number
- CACV176/1991
The Court of Appeal held that the trial judge had not exercised his discretion judicially in awarding costs on an indemnity basis to the defendants; there were no special factors justifying indemnity costs and both sides were equally responsible for the abortive liability hearing. The indemnity-costs order was set aside; the court exercised the costs discretion and ordered no costs (each side to bear their own) in respect of the abortive trial and left the balance of costs to be determined on the Registrar reference; ancillary directions made as to appeal costs and respondents' notice costs.