Gale and Clarke v Rockhampton and Antler [2007] JCA 235 (12 December 2007)

Gale and Clarke v Rockhampton and Antler [2007] JCA 235 (12 December 2007)

Respondents were successful in the appeal and did not unjustifiably increase the length or cost of proceedings; therefore, Respondents are entitled to their costs, taxed on a standard basis.

Citation
[2007] JCA 235
Parties
Plaintiff/respondent: Martin Gale; Plaintiff/respondent: Anthony Gabriel Webber Clarke; Defendant/appellant: Rockhampton Apartments Limited; Defendant/appellant: Antler Property CI Limited
Jurisdiction
Jersey
Judgment Date
12 December 2007
Procedural Posture
Appeal / Post Judgment Costs Determination
Outcome
Respondents awarded costs of the appeal, taxed on a standard basis.
Legal Topics
Costs, Nuisance, Voisinage
Civil Procedure Costs Nuisance Voisinage

Case Brief

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Parties

Martin Gale

Plaintiff/respondent

Anthony Gabriel Webber Clarke

Plaintiff/respondent

Rockhampton Apartments Limited

Defendant/appellant

Antler Property CI Limited

Defendant/appellant

Procedural Posture

Appeal / Post Judgment Costs Determination

Legal Issues

  1. 1 Entitlement to costs following appeal
  2. 2 Whether Respondents unjustifiably increased length or cost of proceedings
  3. 3 Status of nuisance in Jersey law

Ratio Decidendi

Respondents were successful in the appeal and did not unjustifiably increase the length or cost of proceedings; therefore, Respondents are entitled to their costs, taxed on a standard basis.

Court Disposition

Respondents awarded costs of the appeal, taxed on a standard basis.

Orders

  • Appellants to pay Respondents' costs of the Appeal, taxed on a standard basis.