Representation of Anthony Investments (Esplanade) Limited and Others [2013] JRC 221B (14 November 2013)

Representation of Anthony Investments (Esplanade) Limited and Others [2013] JRC 221B (14 November 2013)

Representors and Trustee are entitled to their costs as costs in the liquidation on the standard basis, not indemnity, as there are no special or unusual features justifying indemnity costs. Intervenors, as unsuccessful parties, must bear their own costs. Liquidators' application for pre-winding-up fees and expenses is deferred pending further details and justification.

Citation
[2013] JRC 221B
Parties
Applicant: Representors; Respondent: Trustee; Intervenor: Intervenors (Simon and Aida); Other: Liquidators
Jurisdiction
Jersey
Judgment Date
14 November 2013
Procedural Posture
Winding Up / Insolvency / Post Judgment Costs Ruling
Outcome
Costs awarded to Representors and Trustee on standard basis as costs in the liquidation; Intervenors' costs applications refused; Liquidators' application deferred.
Legal Topics
Costs, Winding Up, Indemnity Costs, Standard Costs, Liquidation Expenses
Insolvency Civil Procedure Costs Winding Up Indemnity Costs Standard Costs Liquidation Expenses

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Parties

Representors

Applicant

Trustee

Respondent

Intervenors (Simon and Aida)

Intervenor

Liquidators

Other

Procedural Posture

Winding Up / Insolvency / Post Judgment Costs Ruling

Legal Issues

  1. 1 Whether costs should be awarded on an indemnity or standard basis to the Representors and Trustee
  2. 2 Whether Intervenors are entitled to their costs from the liquidation
  3. 3 Whether Liquidators' pre-winding-up fees and expenses should be allowed as expenses of the winding-up

Ratio Decidendi

Representors and Trustee are entitled to their costs as costs in the liquidation on the standard basis, not indemnity, as there are no special or unusual features justifying indemnity costs. Intervenors, as unsuccessful parties, must bear their own costs. Liquidators' application for pre-winding-up fees and expenses is deferred pending further details and justification.

Court Disposition

Costs awarded to Representors and Trustee on standard basis as costs in the liquidation; Intervenors' costs applications refused; Liquidators' application deferred.

Orders

  • Representors' costs of and incidental to the Intervenors' application and Article 155 application to be costs in the liquidations on the standard basis, taxed if not agreed.
  • Representors' costs of and incidental to Intervenors' post-hearing correspondence to be paid by Intervenors on the standard basis, taxed if not agreed.