MacKinnon v Regent Trust Company Limited [2005] JRC 057 (28 April 2005)

MacKinnon v Regent Trust Company Limited [2005] JRC 057 (28 April 2005)

The Trustee is entitled to indemnity costs as the reservation in paragraph 37 is corrected; leave is granted for appeal on costs due to Article 13 requirements.

Citation
[2005] JRC 057
Parties
Defendant: Regent; Defendant: Messrs Pirouet, Schindler and Nutbrown; Plaintiff: Plaintiff; Interested Party: James Mackinnon; Interested Party: Mrs Dorothy Emily Sparke Mackinnon
Jurisdiction
Jersey
Judgment Date
28 April 2005
Procedural Posture
Civil / Post Judgment Amendment and Costs Determination
Outcome
Trustee awarded indemnity costs; leave granted for appeal on costs.
Legal Topics
Amendment of Agreement, Costs, Strike Out, Indemnity Costs, Integrity Undertaking
Trusts Civil Procedure Amendment of Agreement Costs Strike Out Indemnity Costs Integrity Undertaking

Case Brief

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Parties

Regent

Defendant

Messrs Pirouet, Schindler and Nutbrown

Defendant

Plaintiff

Plaintiff

James Mackinnon

Interested Party

Mrs Dorothy Emily Sparke Mackinnon

Interested Party

Procedural Posture

Civil / Post Judgment Amendment and Costs Determination

Legal Issues

  1. 1 validity and amendment of clause 12 of the agreement
  2. 2 entitlement to indemnity costs
  3. 3 leave to appeal costs order

Ratio Decidendi

The Trustee is entitled to indemnity costs as the reservation in paragraph 37 is corrected; leave is granted for appeal on costs due to Article 13 requirements.

Court Disposition

Trustee awarded indemnity costs; leave granted for appeal on costs.

Orders

  • Clause 12 of the agreement amended and approved.
  • Trustee to have costs on indemnity basis.