ROK Construction Limited -v- HJL Property Holdings Limited [2018] JRC 101 (11 June 2018)

ROK Construction Limited -v- HJL Property Holdings Limited [2018] JRC 101 (11 June 2018)

Neither party is entitled to costs because the plaintiff's primary relief (strike out or summary judgment of the counterclaim) was bound to fail, and the defendant, while making a significant concession to have its counterclaim heard separately, had voluntarily pleaded and maintained the counterclaim and a stay for several months before reversing its position. Justice does not require a costs order in favour of either party.

Citation
[2018] JRC 101
Parties
Plaintiff: Plaintiff (name not specified); Defendant: Defendant (name not specified)
Jurisdiction
Jersey
Judgment Date
11 June 2018
Procedural Posture
Civil / Costs Determination Following Interlocutory Summons
Outcome
No order as to costs.
Legal Topics
Costs, Summary Judgment, Strike Out Applications, Counterclaims, Negligence, Nuisance, Voisinage
Civil Procedure Construction Law Tort Law Costs Summary Judgment Strike Out Applications Counterclaims Negligence +2 more

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Parties

Plaintiff (name not specified)

Plaintiff

Defendant (name not specified)

Defendant

Procedural Posture

Civil / Costs Determination Following Interlocutory Summons

Legal Issues

  1. 1 Whether the plaintiff is entitled to costs following its unsuccessful application to strike out or obtain summary judgment on the defendant's counterclaim
  2. 2 Whether the defendant is entitled to costs after conceding to have its counterclaim heard separately
  3. 3 Whether any party is the 'winner' for the purposes of costs

Ratio Decidendi

Neither party is entitled to costs because the plaintiff's primary relief (strike out or summary judgment of the counterclaim) was bound to fail, and the defendant, while making a significant concession to have its counterclaim heard separately, had voluntarily pleaded and maintained the counterclaim and a stay for several months before reversing its position. Justice does not require a costs order in favour of either party.

Court Disposition

No order as to costs.

Orders

  • No order as to costs in relation to the plaintiff's summons.