Home Farm Developments, Strata and Holmes -v- Le Sueur [2015] JRC 146 (01 July 2015)

Home Farm Developments, Strata and Holmes -v- Le Sueur [2015] JRC 146 (01 July 2015)

The respondent, as the successful party, is entitled to costs. The appellants' continuation of proceedings found to be an abuse of process justifies indemnity costs for the appeal. A summary assessment is declined; costs are to be taxed if not agreed. The £15,000 security paid into Court is to be released to the respondent.

Citation
[2015] JRC 146
Parties
Appellant: Home Farm Developments Ltd and Others; Respondent: Le Sueur
Jurisdiction
Jersey
Judgment Date
01 July 2015
Procedural Posture
Civil Appeal / Costs Determination Post Appeal
Outcome
Costs awarded to respondent; summary assessment declined; security released; no stay granted.
Legal Topics
Costs, Summary Assessment, Indemnity Costs, Standard Basis Costs, Security for Costs
Civil Procedure Costs Summary Assessment Indemnity Costs Standard Basis Costs Security for Costs

Case Brief

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Parties

Home Farm Developments Ltd and Others

Appellant

Le Sueur

Respondent

Procedural Posture

Civil Appeal / Costs Determination Post Appeal

Legal Issues

  1. 1 Whether the respondent is entitled to costs for the appeal and associated claim
  2. 2 Whether costs should be awarded on the indemnity or standard basis
  3. 3 Whether a summary assessment of costs is appropriate

Ratio Decidendi

The respondent, as the successful party, is entitled to costs. The appellants' continuation of proceedings found to be an abuse of process justifies indemnity costs for the appeal. A summary assessment is declined; costs are to be taxed if not agreed. The £15,000 security paid into Court is to be released to the respondent.

Court Disposition

Costs awarded to respondent; summary assessment declined; security released; no stay granted.

Orders

  • Respondent awarded costs of the appeal on the indemnity basis, to be taxed if not agreed.
  • Respondent awarded costs on the Order of Justice on the standard basis, to be taxed if not agreed.