Hong Kong Foods Ltd and Gibbons -v- Robin Hood Curry and Ors [2017] JRC 116 (24 July 2017)

Hong Kong Foods Ltd and Gibbons -v- Robin Hood Curry and Ors [2017] JRC 116 (24 July 2017)

Although the plaintiffs' conduct was unsatisfactory, particularly in failing to disclose the dissolution of Hong Kong Foods and refusing mediation, the court was not persuaded that their conduct reached the threshold of unreasonableness required for indemnity costs. Costs were awarded on the standard basis, except where indemnity costs had already been ordered for specific applications.

Citation
[2017] JRC 116
Parties
First Plaintiff: Hong Kong Foods Limited; Second Plaintiff: Robert Alan Gibbons; First Defendant: Robin Hood Curry Limited; Second Defendant: Barry Thirkell
Jurisdiction
Jersey
Judgment Date
24 July 2017
Procedural Posture
Civil / Post Judgment Costs Determination
Outcome
Costs awarded to defendants on the standard basis, jointly and severally against Mr Gibbons and Hong Kong Foods, except where indemnity costs had already been ordered.
Legal Topics
Costs, Indemnity Costs, Standard Costs, Mediation, Non Compliance With Court Orders
Civil Procedure Costs Indemnity Costs Standard Costs Mediation Non Compliance With Court Orders

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Parties

Hong Kong Foods Limited

First Plaintiff

Robert Alan Gibbons

Second Plaintiff

Robin Hood Curry Limited

First Defendant

Barry Thirkell

Second Defendant

Procedural Posture

Civil / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded on the indemnity basis or standard basis
  2. 2 Whether plaintiffs' conduct justified indemnity costs
  3. 3 Responsibility for costs of the costs application

Ratio Decidendi

Although the plaintiffs' conduct was unsatisfactory, particularly in failing to disclose the dissolution of Hong Kong Foods and refusing mediation, the court was not persuaded that their conduct reached the threshold of unreasonableness required for indemnity costs. Costs were awarded on the standard basis, except where indemnity costs had already been ordered for specific applications.

Court Disposition

Costs awarded to defendants on the standard basis, jointly and severally against Mr Gibbons and Hong Kong Foods, except where indemnity costs had already been ordered.

Orders

  • Plaintiffs to pay defendants' costs on the standard basis, jointly and severally.
  • Plaintiffs to pay costs of the costs application on the standard basis.