Bisson -v- 3B Holdings Limited [2012] JRC 030 (07 February 2012)

Bisson -v- 3B Holdings Limited [2012] JRC 030 (07 February 2012)

The Representors' conduct was unreasonable and out of the ordinary, justifying an order for indemnity costs against them. It would be inequitable for the general body of creditors to suffer financially due to the Representors' actions. Costs are to be paid from the date the Representors formally notified the joint liquidators of their intention to bring the representation.

Citation
[2012] JRC 030
Parties
Applicant: Representors; Respondent: Joint Liquidators (First, Second and Third Respondents)
Jurisdiction
Jersey
Judgment Date
07 February 2012
Procedural Posture
Costs Application Following Dismissal of Representation / Post Judgment (costs Determination)
Outcome
Application by joint liquidators for indemnity costs granted; Representors' application for costs dismissed.
Legal Topics
Costs, Indemnity Costs, Liquidation, Removal of Liquidators
Civil Procedure Insolvency Costs Indemnity Costs Liquidation Removal of Liquidators

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Parties

Representors

Applicant

Joint Liquidators (First, Second and Third Respondents)

Respondent

Procedural Posture

Costs Application Following Dismissal of Representation / Post Judgment (costs Determination)

Legal Issues

  1. 1 Whether the Representors should pay the costs of the proceedings on the indemnity basis
  2. 2 Whether the joint liquidators' professional fees should be recoverable as costs
  3. 3 From what date costs should be payable

Ratio Decidendi

The Representors' conduct was unreasonable and out of the ordinary, justifying an order for indemnity costs against them. It would be inequitable for the general body of creditors to suffer financially due to the Representors' actions. Costs are to be paid from the date the Representors formally notified the joint liquidators of their intention to bring the representation.

Court Disposition

Application by joint liquidators for indemnity costs granted; Representors' application for costs dismissed.

Orders

  • Representors jointly and severally to pay the costs of the First, Second and Third respondents of and incidental to the representation on the indemnity basis.
  • Costs payable from the date of formal notification of intention to bring the representation (14th September, 2010).