Representation of Abdallah [2022] JRC 048 (23 February 2022)

Representation of Abdallah [2022] JRC 048 (23 February 2022)

The Court determined that the costs application should be resolved now rather than postponed until the end of the liquidation, as the absence of the liquidator's findings would only prejudice the applicant, and costs applications should be dealt with swiftly if possible.

Citation
[2022] JRC 048
Parties
Representor: Mr Abdallah; Respondent/non Party: Mr Mirza
Jurisdiction
Jersey
Judgment Date
23 February 2022
Procedural Posture
Company Winding Up / Costs Application / Directions Hearing on Timing of Non Party Costs Application
Outcome
Application for immediate determination of non-party costs order granted; timetable set for submissions.
Legal Topics
Winding Up, Non Party Costs Orders, Director Liability for Costs
Company Law Civil Procedure Winding Up Non Party Costs Orders Director Liability for Costs

Case Brief

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Parties

Mr Abdallah

Representor

Mr Mirza

Respondent/non Party

Procedural Posture

Company Winding Up / Costs Application / Directions Hearing on Timing of Non Party Costs Application

Legal Issues

  1. 1 Whether the application for a non-party costs order against Mr Mirza should be determined now or at the end of the liquidation
  2. 2 Principles governing costs orders against non-party directors

Ratio Decidendi

The Court determined that the costs application should be resolved now rather than postponed until the end of the liquidation, as the absence of the liquidator's findings would only prejudice the applicant, and costs applications should be dealt with swiftly if possible.

Court Disposition

Application for immediate determination of non-party costs order granted; timetable set for submissions.

Orders

  • Mr Abdallah to file skeleton argument within four weeks.
  • Mr Mirza to respond within two weeks of receipt.