La Petite Croatie -v- Ledo [2009] JRC 096 (19 May 2009)

Defendants are the winners as their interpretation of the restrictive covenant prevailed and the plaintiff's claim was dismissed; justice is achieved by awarding costs to the winner.

Citation: [2009] JRC 096
Parties: Plaintiff: La Petite Croatie; Defendant: Ledo
Jurisdiction: Jersey
Judgment Date: 19 May 2009
Procedural Posture: Civil / Post Judgment (costs)
Outcome: Costs awarded to defendants on the standard basis.
Legal Topics: Restrictive Covenants, Costs, Injunctions

Property Law Civil Procedure Restrictive Covenants Costs Injunctions

Case Brief

Summary, issues, holding and outcome

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Parties

La Petite Croatie

Plaintiff

Ledo

Defendant

Procedural Posture

Civil / Post Judgment (costs)

Legal Issues

1 Entitlement to costs following dismissal of claim for permanent injunction
2 Interpretation and enforceability of restrictive covenant
3 Appropriateness of indemnity versus standard costs

Ratio Decidendi

Defendants are the winners as their interpretation of the restrictive covenant prevailed and the plaintiff's claim was dismissed; justice is achieved by awarding costs to the winner.

Court Disposition

Costs awarded to defendants on the standard basis.

Orders

Defendants awarded costs for the proceedings as a whole on the standard basis.