Gheewala -v- Compendium Trust & Ors [2005] JRC 112 (16 August 2005)

Gheewala -v- Compendium Trust & Ors [2005] JRC 112 (16 August 2005)

The extension of time was granted due to the Plaintiff's change of legal advisers and the complexity of the case, but was made conditional on payment into court of the taxed costs, taxation fee, and security for costs, to balance fairness and procedural discipline.

Citation
[2005] JRC 112
Parties
Applicant: Plaintiff; Respondent: Second to Eighth Defendants
Jurisdiction
Jersey
Judgment Date
16 August 2005
Procedural Posture
Application for Extension of Time to Appeal / Post Taxation, Pre Appeal
Outcome
Application for extension of time granted, subject to conditions.
Legal Topics
Extension of Time, Appeal Procedure, Costs Taxation, Security for Costs
Civil Procedure Extension of Time Appeal Procedure Costs Taxation Security for Costs

Case Brief

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Parties

Plaintiff

Applicant

Second to Eighth Defendants

Respondent

Procedural Posture

Application for Extension of Time to Appeal / Post Taxation, Pre Appeal

Legal Issues

  1. 1 Whether the Plaintiff should be granted an extension of time to appeal against the taxation of costs
  2. 2 Whether conditions should be imposed for the extension, including payment into court and security for costs

Ratio Decidendi

The extension of time was granted due to the Plaintiff's change of legal advisers and the complexity of the case, but was made conditional on payment into court of the taxed costs, taxation fee, and security for costs, to balance fairness and procedural discipline.

Court Disposition

Application for extension of time granted, subject to conditions.

Orders

  • Extension of time to file notice of appeal to 2nd September 2005, conditional on payment into court of £58,857.40 plus £3,600 by 26th August 2005.
  • Order for security for costs: £15,000 to be paid into court by 26th August 2005.