Abacus (C.I.) Limited -v- Grupo Torras S.A.and Ors [2005] JRC 003 (11 January 2005)

Abacus (C.I.) Limited -v- Grupo Torras S.A.and Ors [2005] JRC 003 (11 January 2005)

The Trustee acted neutrally and should not be liable for costs. The defendants, having conceded before the hearing, must pay GT's costs on the standard basis as there was no unreasonable conduct or special feature justifying indemnity costs.

Citation
[2005] JRC 003
Parties
First Plaintiff: GT; Defendants: Defendants; Trustee: Trustee
Jurisdiction
Jersey
Judgment Date
11 January 2005
Procedural Posture
Costs Application / Post Concession, Pre Hearing
Outcome
Application granted in part.
Legal Topics
Costs, Trustee Neutrality, Standard Vs Indemnity Costs
Civil Procedure Trusts Costs Trustee Neutrality Standard Vs Indemnity Costs

Case Brief

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Parties

GT

First Plaintiff

Defendants

Defendants

Trustee

Trustee

Procedural Posture

Costs Application / Post Concession, Pre Hearing

Legal Issues

  1. 1 Who should pay the costs for issue 1 of the summons?
  2. 2 Should costs be awarded on a standard or indemnity basis?

Ratio Decidendi

The Trustee acted neutrally and should not be liable for costs. The defendants, having conceded before the hearing, must pay GT's costs on the standard basis as there was no unreasonable conduct or special feature justifying indemnity costs.

Court Disposition

Application granted in part.

Orders

  • Defendants to pay GT's costs on the standard basis.
  • No order for costs against the Trustee.