Coutanche v White and Co [2002] JRC 159 (28 August 2002)

Coutanche v White and Co [2002] JRC 159 (28 August 2002)

The Master acted sensibly and reasonably in adjourning the summary judgment application to allow revision of a defective affidavit; the appeal is dismissed except for costs allocation, as only the First Plaintiff made the application.

Citation
[2002] JRC 159
Parties
Applicant: First Plaintiff; Applicant: Second Plaintiff; Respondent: Defendant
Jurisdiction
Jersey
Judgment Date
28 August 2002
Procedural Posture
Appeal / Post Case Management Decision
Outcome
appeal dismissed except for costs allocation
Legal Topics
Summary Judgment, Affidavit Requirements, Costs
Civil Procedure Summary Judgment Affidavit Requirements Costs

Case Brief

Summary, issues, holding and outcome

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Parties

First Plaintiff

Applicant

Second Plaintiff

Applicant

Defendant

Respondent

Procedural Posture

Appeal / Post Case Management Decision

Legal Issues

  1. 1 Whether the Master's decision to adjourn the summary judgment application was correct
  2. 2 Whether the affidavit supporting summary judgment complied with procedural requirements
  3. 3 Allocation of costs between parties

Ratio Decidendi

The Master acted sensibly and reasonably in adjourning the summary judgment application to allow revision of a defective affidavit; the appeal is dismissed except for costs allocation, as only the First Plaintiff made the application.

Court Disposition

appeal dismissed except for costs allocation

Orders

  • Application for summary judgment adjourned sine die to allow revision of affidavit
  • Costs of hearing before the Master to be paid by the First Plaintiff alone