1999/117 - Picot v Veka AG [1999] UR 117 (28 June 1999)

1999/117 - Picot v Veka AG [1999] UR 117 (28 June 1999)

No special circumstances were shown by the appellants to justify a stay; the respondent's undertaking not to release monies until appeal outcome provides sufficient security; application for stay dismissed.

Citation
[1999] UR 117
Parties
Plaintiff/respondent: Veka AG; Defendant/appellant: TA Picot (CI) Ltd; Defendant/appellant: Vekaplast Windows (CI) Ltd; Defendant/appellant: Vekaplast Windows (Export) Ltd; Defendant/appellant: Terence Alan Picot
Jurisdiction
Jersey
Judgment Date
28 June 1999
Procedural Posture
Civil Appeal / Application for Stay of Execution Pending Appeal
Outcome
Application for stay dismissed
Legal Topics
Stay of Execution, Costs, Taxation of Costs, Appeal Procedure
Civil Procedure Stay of Execution Costs Taxation of Costs Appeal Procedure

Case Brief

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Parties

Veka AG

Plaintiff/respondent

TA Picot (CI) Ltd

Defendant/appellant

Vekaplast Windows (CI) Ltd

Defendant/appellant

Vekaplast Windows (Export) Ltd

Defendant/appellant

Terence Alan Picot

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution of the costs order and taxation pending appeal should be granted

Ratio Decidendi

No special circumstances were shown by the appellants to justify a stay; the respondent's undertaking not to release monies until appeal outcome provides sufficient security; application for stay dismissed.

Court Disposition

Application for stay dismissed

Orders

  • Process of taxation to follow its ordinary course
  • Monies not to be released to respondent in Germany until outcome of appeal