Hard Rock Limited and anor v HRCKY Limited [2020] JRC 052 (23 March 2020)

Hard Rock Limited and anor v HRCKY Limited [2020] JRC 052 (23 March 2020)

The Defendant, having been successful on appeal regarding specific discovery, is entitled to costs of both the appeal and the summons before the Master on the standard basis. Delay in seeking costs was excused due to extenuating circumstances, and costs should not be reserved for the trial judge or awarded in the cause.

Citation
[2020] JRC 052
Parties
First Plaintiff: Hard Rock Limited; Second Plaintiff: Hard Rock Café International (STP) Inc; Defendant: HRCKY Limited
Jurisdiction
Jersey
Judgment Date
23 March 2020
Procedural Posture
Costs Application Following Appeal on Specific Discovery / Post Appeal, Costs Determination
Outcome
Plaintiffs ordered to pay Defendant's costs of the appeal and the summons before the Master on the standard basis, jointly and severally.
Legal Topics
Costs, Discovery, Appeals
Civil Procedure Costs Discovery Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Hard Rock Limited

First Plaintiff

Hard Rock Café International (STP) Inc

Second Plaintiff

HRCKY Limited

Defendant

Procedural Posture

Costs Application Following Appeal on Specific Discovery / Post Appeal, Costs Determination

Legal Issues

  1. 1 Whether the Defendant is entitled to costs following a successful appeal on specific discovery
  2. 2 Whether delay in applying for costs precludes an award
  3. 3 Whether costs should follow the event in interlocutory matters

Ratio Decidendi

The Defendant, having been successful on appeal regarding specific discovery, is entitled to costs of both the appeal and the summons before the Master on the standard basis. Delay in seeking costs was excused due to extenuating circumstances, and costs should not be reserved for the trial judge or awarded in the cause.

Court Disposition

Plaintiffs ordered to pay Defendant's costs of the appeal and the summons before the Master on the standard basis, jointly and severally.

Orders

  • Plaintiffs to pay Defendant's costs of the appeal on the standard basis, jointly and severally.
  • Plaintiffs to pay Defendant's costs of the summons before the Master on the standard basis, jointly and severally.