1998/172 - Greffier v Les Pas Holdings Ltd [1998] UR 172 (10 August 1998)

1998/172 - Greffier v Les Pas Holdings Ltd [1998] UR 172 (10 August 1998)

Article 14(2) does not apply to costs of applications to the Royal Court under Article 4A(1); therefore, costs are at the Court's discretion and, in this case, Les Pas must pay the Greffier's costs except for the original application costs, but including the costs of the adjournment application.

Citation
[1998] UR 172
Parties
Applicant: Greffier of the States; Respondent: Les Pas
Jurisdiction
Jersey
Judgment Date
10 August 1998
Procedural Posture
Costs Application Following Compulsory Purchase Proceedings / Post Judgment, Costs Determination
Outcome
Les Pas ordered to pay the Greffier's costs, with exceptions.
Legal Topics
Compulsory Purchase, Costs, Statutory Interpretation
Administrative Law Property Law Compulsory Purchase Costs Statutory Interpretation

Case Brief

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Parties

Greffier of the States

Applicant

Les Pas

Respondent

Procedural Posture

Costs Application Following Compulsory Purchase Proceedings / Post Judgment, Costs Determination

Legal Issues

  1. 1 Whether Article 14(2) of the Compulsory Purchase of Land (Procedure) (Jersey) Law, 1961 applies to costs incurred in Royal Court proceedings
  2. 2 Whether costs should follow the event in compulsory purchase cases

Ratio Decidendi

Article 14(2) does not apply to costs of applications to the Royal Court under Article 4A(1); therefore, costs are at the Court's discretion and, in this case, Les Pas must pay the Greffier's costs except for the original application costs, but including the costs of the adjournment application.

Court Disposition

Les Pas ordered to pay the Greffier's costs, with exceptions.

Orders

  • Les Pas to pay the Greffier's costs, excluding costs of the original application of 29 May 1998 under Article 4A(1), but including costs of the adjournment application of 4 June 1998.
  • No order as to costs for the application for récusation.