Bertrand des Pallieres v RBC Trustees (CI) Limited [2018] JRC 172 (18 September 2018)

Bertrand des Pallieres v RBC Trustees (CI) Limited [2018] JRC 172 (18 September 2018)

The Master possesses the power to make a costs order consequential upon dismissal for want of prosecution under Rule 6/25(2), based on the broad discretion conferred by Article 2 of the Civil Proceedings (Jersey) Law and the need to act as a court in a meaningful sense. There is no express time limit in the Rules or notice for seeking costs, and the jurisdiction to make costs orders is not extinguished by dismissal.

Citation
[2018] JRC 172
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
18 September 2018
Procedural Posture
Civil / Post Dismissal Costs Application
Outcome
Costs application adjourned; Master confirms power to make costs order after dismissal under Rule 6/25(2).
Legal Topics
Costs Orders, Dismissal for Want of Prosecution, Court Jurisdiction
Civil Procedure Costs Orders Dismissal for Want of Prosecution Court Jurisdiction

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil / Post Dismissal Costs Application

Legal Issues

  1. 1 Whether the court has power to make a costs order after dismissal for want of prosecution under Rule 6/25(2)
  2. 2 Whether costs must be sought before or at the time of dismissal
  3. 3 Whether inherent jurisdiction or statutory discretion applies

Ratio Decidendi

The Master possesses the power to make a costs order consequential upon dismissal for want of prosecution under Rule 6/25(2), based on the broad discretion conferred by Article 2 of the Civil Proceedings (Jersey) Law and the need to act as a court in a meaningful sense. There is no express time limit in the Rules or notice for seeking costs, and the jurisdiction to make costs orders is not extinguished by dismissal.

Court Disposition

Costs application adjourned; Master confirms power to make costs order after dismissal under Rule 6/25(2).

Orders

  • Plaintiff given time to consider written reasons and file evidence in response to indemnity costs application.
  • Defendant's costs application adjourned for further consideration.