Toorani v Toorani 26-Sep-2019 [2019] JRC 192 (26 September 2019)

Toorani v Toorani 26-Sep-2019 [2019] JRC 192 (26 September 2019)

The term 'these proceedings' in paragraph 1 of the consent order dated 28 May 2019 includes any part of the proceedings, including taxation of costs. The interveners are barred from participating in any part of the proceedings, including taxation, until they comply with the order for payment on account of costs. Taxation is not a separate process but part and parcel of the proceedings, and the interveners should have expressly sought to exclude it if that was their intention.

Citation
[2019] JRC 192
Parties
Plaintiffs: Sameera Abdul Rasool Toorani, Khairayah Abdul Rasool Toorani, Rouhangiz Abdul Rasool Toorani, Zainab Abdul Rasool Toorani, Maryam Abdul Rasool Toorani; Interveners: Badriya Abdul Rasool Toorani, Markh Abdul Rasool Toorani, Rabab Abdul Rasool Toorani, Shadukh Abdul Rasool Toorani; Defendant: Red Rose Limited; Party Cited: Ocorian Limited
Jurisdiction
Jersey
Judgment Date
26 September 2019
Procedural Posture
Civil / Post Judgment Application for Construction of Consent Order
Outcome
Declaration granted in favour of the plaintiffs.
Legal Topics
Construction of Consent Orders, Participation in Proceedings, Taxation of Costs, Enforcement of Costs Orders
Civil Procedure Costs Construction of Consent Orders Participation in Proceedings Taxation of Costs Enforcement of Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Sameera Abdul Rasool Toorani, Khairayah Abdul Rasool Toorani, Rouhangiz Abdul Rasool Toorani, Zainab Abdul Rasool Toorani, Maryam Abdul Rasool Toorani

Plaintiffs

Badriya Abdul Rasool Toorani, Markh Abdul Rasool Toorani, Rabab Abdul Rasool Toorani, Shadukh Abdul Rasool Toorani

Interveners

Red Rose Limited

Defendant

Ocorian Limited

Party Cited

Procedural Posture

Civil / Post Judgment Application for Construction of Consent Order

Legal Issues

  1. 1 Whether the term 'these proceedings' in paragraph 1 of the consent order dated 28 May 2019 includes taxation of costs.
  2. 2 Whether interveners are barred from participating in taxation proceedings until compliance with the order for payment on account of costs.

Ratio Decidendi

The term 'these proceedings' in paragraph 1 of the consent order dated 28 May 2019 includes any part of the proceedings, including taxation of costs. The interveners are barred from participating in any part of the proceedings, including taxation, until they comply with the order for payment on account of costs. Taxation is not a separate process but part and parcel of the proceedings, and the interveners should have expressly sought to exclude it if that was their intention.

Court Disposition

Declaration granted in favour of the plaintiffs.

Orders

  • Paragraph 1 of the consent order dated 28 May 2019 is construed to apply to any part of the present proceedings, including taxation of the plaintiffs' costs pursuant to the act of court of 4 April 2019.
  • Interveners are barred from further participation in these proceedings, including taxation, until payment of the plaintiffs' costs on account as ordered.