Berry Trade and Vitol Energy v Moussavi and Ors [2003] JRC 193 (27 October 2003)

Berry Trade and Vitol Energy v Moussavi and Ors [2003] JRC 193 (27 October 2003)

The costs order against the fourth defendant in default was unjustified, particularly on an indemnity basis, as he had consented to the injunction and there were no special circumstances warranting indemnity costs. The interests of justice require the judgment to be set aside and costs to be reserved pending the outcome of the English proceedings.

Citation
[2003] JRC 193
Parties
Claimant: Plaintiffs; Defendant: Fourth Defendant
Jurisdiction
Jersey
Judgment Date
27 October 2003
Procedural Posture
Application to Set Aside Default Judgment / Post Judgment, Costs Order
Outcome
application granted, costs order set aside
Legal Topics
Default Judgment, Freezing Injunction, Indemnity Costs, Adjournment, Setting Aside Judgment
Civil Procedure Injunctions Costs Default Judgment Freezing Injunction Indemnity Costs Adjournment Setting Aside Judgment

Case Brief

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Parties

Plaintiffs

Claimant

Fourth Defendant

Defendant

Procedural Posture

Application to Set Aside Default Judgment / Post Judgment, Costs Order

Legal Issues

  1. 1 Whether the costs order against the fourth defendant in default should be set aside
  2. 2 Whether indemnity costs were justified
  3. 3 Whether costs should be reserved pending outcome of English proceedings

Ratio Decidendi

The costs order against the fourth defendant in default was unjustified, particularly on an indemnity basis, as he had consented to the injunction and there were no special circumstances warranting indemnity costs. The interests of justice require the judgment to be set aside and costs to be reserved pending the outcome of the English proceedings.

Court Disposition

application granted, costs order set aside

Orders

  • Costs order of 6th December set aside
  • Costs reserved pending outcome of English proceedings