1999/83 - Armco and Ors v Wingfield and Ors [1999] UR 83 (13 May 1999)

1999/83 - Armco and Ors v Wingfield and Ors [1999] UR 83 (13 May 1999)

No order as to costs is made in the first application as neither party acted unreasonably; indemnity costs are awarded in the second application up to the agreement to release the affidavit due to the defendants' disingenuous conduct and failure to pursue leave to appeal expeditiously.

Citation
[1999] UR 83
Parties
First Defendant: Roger Thomas Donohue; Fourth Plaintiff: Armco Pacific Limited; Fifth Plaintiff: Northwestern National Insurance Company; Party: Patrick Rossi; Party: Larry Stinson; Party: International Trustee and Receivership Services Inc.; Party: International Run-Off Services Inc.; Party: Wingfield Services Ltd; Party: CI Services Holdings Limited; Fifth Defendant: Wingfield Limited; Sixth Defendant: CI Service Holdings Limited
Jurisdiction
Jersey
Judgment Date
13 May 1999
Procedural Posture
Costs Application in Civil Litigation / Post Interlocutory, Costs Determination
Outcome
Partly in favour of plaintiffs; costs awarded in part.
Legal Topics
Costs, Disclosure, Indemnity Costs, Jurisdiction, Anti Suit Injunction
Civil Procedure Costs Disclosure Indemnity Costs Jurisdiction Anti Suit Injunction

Case Brief

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Parties

Roger Thomas Donohue

First Defendant

Armco Pacific Limited

Fourth Plaintiff

Northwestern National Insurance Company

Fifth Plaintiff

Patrick Rossi

Party

Larry Stinson

Party

International Trustee and Receivership Services Inc.

Party

International Run-Off Services Inc.

Party

Wingfield Services Ltd

Party

CI Services Holdings Limited

Party

Wingfield Limited

Fifth Defendant

CI Service Holdings Limited

Sixth Defendant

Procedural Posture

Costs Application in Civil Litigation / Post Interlocutory, Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded in relation to the use of disclosed documents for anti-suit proceedings
  2. 2 Whether indemnity costs are justified for delay in seeking leave to appeal against a disclosure order

Ratio Decidendi

No order as to costs is made in the first application as neither party acted unreasonably; indemnity costs are awarded in the second application up to the agreement to release the affidavit due to the defendants' disingenuous conduct and failure to pursue leave to appeal expeditiously.

Court Disposition

Partly in favour of plaintiffs; costs awarded in part.

Orders

  • No order as to costs in the first application regarding use of disclosed documents for anti-suit proceedings.
  • Indemnity costs awarded to the plaintiff in the second application up to the agreement to release the affidavit.