Home Farm Development and Others -v- Le Sueur [2014] JRC 241 (04 December 2014)

Home Farm Development and Others -v- Le Sueur [2014] JRC 241 (04 December 2014)

Although there was a material change of circumstances (adjournment of appeal and new affidavit), these changes were not sufficiently special or unusual to justify increasing the amount of security originally ordered. The discretion to order additional security was exercised against the defendant's request.

Citation
[2014] JRC 241
Parties
Plaintiff: Home Farm Developments and Others; Defendant: Le Sueur
Jurisdiction
Jersey
Judgment Date
04 December 2014
Procedural Posture
Application for Additional Security for Costs / Post Security Order, Pre Appeal Hearing
Outcome
defendant's application for additional security for costs refused
Legal Topics
Security for Costs, Appeals, Case Management
Civil Procedure Security for Costs Appeals Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

Home Farm Developments and Others

Plaintiff

Le Sueur

Defendant

Procedural Posture

Application for Additional Security for Costs / Post Security Order, Pre Appeal Hearing

Legal Issues

  1. 1 Whether additional security for costs should be ordered for the appeal
  2. 2 Whether there has been a material change of circumstances justifying further security

Ratio Decidendi

Although there was a material change of circumstances (adjournment of appeal and new affidavit), these changes were not sufficiently special or unusual to justify increasing the amount of security originally ordered. The discretion to order additional security was exercised against the defendant's request.

Court Disposition

defendant's application for additional security for costs refused

Orders

  • defendant to bear its own costs
  • plaintiffs' costs in the cause