Bagus v Kastening [2010] JRC 169 (22 September 2010)

Bagus v Kastening [2010] JRC 169 (22 September 2010)

The plaintiff behaved unreasonably by reintroducing a claim for knowing receipt without new material facts, causing unnecessary delay and costs, justifying an order for indemnity costs for the appeal.

Citation
[2010] JRC 169
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
22 September 2010
Procedural Posture
Civil Appeal / Post Judgment Costs Determination
Outcome
Plaintiff ordered to pay defendant's costs of the appeal on the indemnity basis.
Legal Topics
Costs, Indemnity Costs, Pleadings, Unreasonable Conduct
Civil Procedure Costs Indemnity Costs Pleadings Unreasonable Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Appeal / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the plaintiff's conduct justified an order for indemnity costs on appeal
  2. 2 Whether new information justified re-amendment of the Order of Justice

Ratio Decidendi

The plaintiff behaved unreasonably by reintroducing a claim for knowing receipt without new material facts, causing unnecessary delay and costs, justifying an order for indemnity costs for the appeal.

Court Disposition

Plaintiff ordered to pay defendant's costs of the appeal on the indemnity basis.

Orders

  • Plaintiff to pay costs of and incidental to the appeal on the indemnity basis.