Gheewala v Compendium & Ors 7-Apr-2006 [2006] JRC 054 (07 April 2006)

Gheewala v Compendium & Ors 7-Apr-2006 [2006] JRC 054 (07 April 2006)

The Judicial Greffier has jurisdiction to tax Jersey costs arising from the Privy Council appeal because the Privy Council order, properly construed, covers such costs and Rule 26 of the relevant rules confers jurisdiction on the Judicial Greffier.

Citation
[2006] JRC 054
Parties
Defendants: Messrs. Ogier & Le Masurier; Plaintiff: Plaintiff (unnamed)
Jurisdiction
Jersey
Judgment Date
07 April 2006
Procedural Posture
Application to Adjudicate Costs Taxation Jurisdiction / Post Privy Council Appeal, Costs Taxation
Outcome
Application granted; Judicial Greffier has jurisdiction to tax Jersey costs.
Legal Topics
Jurisdiction of Judicial Greffier, Taxation of Costs, Interpretation of Privy Council Orders
Civil Procedure Costs Jurisdiction of Judicial Greffier Taxation of Costs Interpretation of Privy Council Orders

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Parties

Messrs. Ogier & Le Masurier

Defendants

Plaintiff (unnamed)

Plaintiff

Procedural Posture

Application to Adjudicate Costs Taxation Jurisdiction / Post Privy Council Appeal, Costs Taxation

Legal Issues

  1. 1 Whether the Judicial Greffier has jurisdiction to tax Jersey costs arising from a Privy Council appeal
  2. 2 Interpretation of Privy Council order regarding costs

Ratio Decidendi

The Judicial Greffier has jurisdiction to tax Jersey costs arising from the Privy Council appeal because the Privy Council order, properly construed, covers such costs and Rule 26 of the relevant rules confers jurisdiction on the Judicial Greffier.

Court Disposition

Application granted; Judicial Greffier has jurisdiction to tax Jersey costs.

Orders

  • Judicial Greffier to proceed to tax the Jersey costs.
  • Parties to be heard on the question of costs and consequential directions.