Borelli v HSBC (CI) Limited [2007] JCA 214 (16 November 2007)

The costs incurred by HSBC (CI) in obtaining legal advice in Jersey and Hong Kong regarding the Section 221 application and Letter of Request are incidental to the Jersey proceedings, and justice requires their recovery; the Royal Court's discretion under Article 2(1) Civil Proceedings (Jersey) Law 1956 is wide enough to allow such costs.

Citation: [2007] JCA 214
Parties: Representor: Cosimo Borrelli; Respondent: HSBC (CI) Limited
Jurisdiction: Jersey
Judgment Date: 16 November 2007
Procedural Posture: Appeal / Court of Appeal Judgment
Outcome: Appeal dismissed
Legal Topics: Liquidation Costs, Letters of Request, Jurisdiction, Legal Expenses, Court Discretion

Insolvency Company Law Civil Procedure Liquidation Costs Letters of Request Jurisdiction Legal Expenses Court Discretion

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Parties

Cosimo Borrelli

Representor

HSBC (CI) Limited

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

1 Whether costs incurred for legal advice in Jersey and Hong Kong relating to Section 221 application and Letter of Request are incidental to Jersey proceedings
2 Scope of court's discretion under Article 2(1) Civil Proceedings (Jersey) Law 1956

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Reasonable costs and expenses of HSBC (CI) incidental to the order of 6 June 2007, including legal advice in Jersey and Hong Kong, to be paid by the liquidator.
Payment of those costs is a condition of orders made in favour of the Representor.