Gheewala v Compendium Trust Co. [1999] JLR 74 (25 February 1999)

Gheewala v Compendium Trust Co. [1999] JLR 74 (25 February 1999)

Security for costs on appeal may be ordered in special circumstances, such as when the appellant is resident abroad with no assets within the jurisdiction, but the appeal should not be stifled and the respondent should not be unfairly prejudiced.

Citation
[1999] JLR 74
Parties
Appellant: Gheewala; Respondent: Compendium Trust Co.
Jurisdiction
Jersey
Judgment Date
25 February 1999
Procedural Posture
Civil Appeal / Application for Security for Costs
Outcome
Application for security for costs granted
Legal Topics
Security for Costs, Appeals
Civil Procedure Security for Costs Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Gheewala

Appellant

Compendium Trust Co.

Respondent

Procedural Posture

Civil Appeal / Application for Security for Costs

Legal Issues

  1. 1 Whether security for costs should be ordered on appeal under Court of Appeal (Civil) (Jersey) Rules 1964, r.12(4)
  2. 2 What constitutes special circumstances for ordering security for costs

Ratio Decidendi

Security for costs on appeal may be ordered in special circumstances, such as when the appellant is resident abroad with no assets within the jurisdiction, but the appeal should not be stifled and the respondent should not be unfairly prejudiced.

Court Disposition

Application for security for costs granted

Orders

  • Security for costs ordered on appeal