Gamlestaden -v- Baltic Partners 6 July 2005 [2005] JCA 088 (06 July 2005)

Gamlestaden -v- Baltic Partners 6 July 2005 [2005] JCA 088 (06 July 2005)

The Court of Appeal has jurisdiction to grant leave to appeal to the Privy Council under Article 14 because the decision finally determined the rights of the parties and the value in dispute exceeded £10,000. The Court must grant leave in such circumstances, regardless of whether the decision arose from an interlocutory application, following the authoritative interpretation in Forster v Harbours and Airport Committee.

Citation
[2005] JCA 088
Parties
Appellant: Gamlestaden Fastigheter AB; First Respondent: Baltic Partners, Ltd.; Second Respondent: David Paul Boléat; Third Respondent: Michael David de Figueiredo; Fourth Respondent: Peter Arthur Neil Bailey
Jurisdiction
Jersey
Judgment Date
06 July 2005
Procedural Posture
Civil Appeal / Application for Leave to Appeal to Privy Council and Costs Determination
Outcome
Leave to appeal to the Privy Council granted; costs orders made against Appellant.
Legal Topics
Appeals, Jurisdiction, Leave to Appeal, Final Vs Interlocutory Orders, Costs
Civil Procedure Company Law Appeals Jurisdiction Leave to Appeal Final Vs Interlocutory Orders Costs

Case Brief

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Parties

Gamlestaden Fastigheter AB

Appellant

Baltic Partners, Ltd.

First Respondent

David Paul Boléat

Second Respondent

Michael David de Figueiredo

Third Respondent

Peter Arthur Neil Bailey

Fourth Respondent

Procedural Posture

Civil Appeal / Application for Leave to Appeal to Privy Council and Costs Determination

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction under Article 14 of the Court of Appeal (Jersey) Law 1961 to grant leave to appeal to the Privy Council in this case
  2. 2 Whether the decision appealed from is final or interlocutory for the purposes of Article 14
  3. 3 Entitlement to costs arising from the appeal and application for leave

Ratio Decidendi

The Court of Appeal has jurisdiction to grant leave to appeal to the Privy Council under Article 14 because the decision finally determined the rights of the parties and the value in dispute exceeded £10,000. The Court must grant leave in such circumstances, regardless of whether the decision arose from an interlocutory application, following the authoritative interpretation in Forster v Harbours and Airport Committee.

Court Disposition

Leave to appeal to the Privy Council granted; costs orders made against Appellant.

Orders

  • Leave to appeal to the Privy Council granted, subject to usual conditions as to security for costs and time for transmitting the record.
  • Appellant to pay two-thirds of the costs of the appeal, excluding costs of the application for leave to appeal.