Kilbey -v- Grafters Limited and Gorton-Baker and Jones and Manual Labour Solutions Ltd [2015] JRC 049 (26 February 2015)

Kilbey -v- Grafters Limited and Gorton-Baker and Jones and Manual Labour Solutions Ltd [2015] JRC 049 (26 February 2015)

Costs should follow the event as the respondents were successful in both the representation and the counterclaim. The respondents did not raise issues improperly or unreasonably to justify depriving them of costs or awarding indemnity costs. An interim payment of £100,000 is appropriate, payable by Mr Kilbey at £7,000 per month. Costs of interlocutory applications follow the outcome, except for the mediation evidence application, where costs are awarded to Mr Kilbey.

Citation
[2015] JRC 049
Parties
Representor: Dominic Neil Kilbey; First Respondent: Grafters Limited; Second Respondent: James Patrick Gorton-Baker; Third Respondent: Hugh Peter Jones; Party Cited: Manual Labour Solutions Limited
Jurisdiction
Jersey
Judgment Date
26 February 2015
Procedural Posture
Companies Costs Judgment / Post Trial, Costs Determination
Outcome
Costs awarded to respondents on standard basis; interim payment ordered; partial costs awarded to applicant for one interlocutory application.
Legal Topics
Costs, Unfair Prejudice, Fiduciary Duties, Minority Shareholder Rights
Company Law Civil Procedure Costs Unfair Prejudice Fiduciary Duties Minority Shareholder Rights

Case Brief

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Parties

Dominic Neil Kilbey

Representor

Grafters Limited

First Respondent

James Patrick Gorton-Baker

Second Respondent

Hugh Peter Jones

Third Respondent

Manual Labour Solutions Limited

Party Cited

Procedural Posture

Companies Costs Judgment / Post Trial, Costs Determination

Legal Issues

  1. 1 Whether costs should follow the event in a claim for unfair prejudice under Article 141 of the Companies (Jersey) Law 1991
  2. 2 Whether respondents' conduct justified a departure from the general rule on costs
  3. 3 Whether indemnity costs should be awarded

Ratio Decidendi

Costs should follow the event as the respondents were successful in both the representation and the counterclaim. The respondents did not raise issues improperly or unreasonably to justify depriving them of costs or awarding indemnity costs. An interim payment of £100,000 is appropriate, payable by Mr Kilbey at £7,000 per month. Costs of interlocutory applications follow the outcome, except for the mediation evidence application, where costs are awarded to Mr Kilbey.

Court Disposition

Costs awarded to respondents on standard basis; interim payment ordered; partial costs awarded to applicant for one interlocutory application.

Orders

  • Mr Kilbey to pay respondents' costs of and incidental to the representation, counterclaim, and hearing on 29 November 2012, on the standard basis.
  • Respondents to pay Mr Kilbey's costs of the application to adduce mediation evidence (judgment of 19 November 2014) on the standard basis.