O'Brien -v- Marett and Ors [2007] JRC 109 (01 June 2007)

O'Brien -v- Marett and Ors [2007] JRC 109 (01 June 2007)

The Respondent and Third Party engaged in an abuse of process by orchestrating a sham to disguise the true beneficial ownership of Marett Homes Limited and by failing in their disclosure obligations, justifying an order for indemnity costs against them, jointly and severally, for the relevant proceedings.

Citation
[2007] JRC 109
Parties
Petitioner: Petitioner; Respondent: Respondent; Third Party: Third Party
Jurisdiction
Jersey
Judgment Date
01 June 2007
Procedural Posture
Ancillary Matrimonial Proceedings / Application for Costs Orders Following Concession on Preliminary Issue
Outcome
Applications granted.
Legal Topics
Costs, Disclosure, Abuse of Process, Beneficial Ownership, Professional Conduct
Family Law Civil Procedure Costs Disclosure Abuse of Process Beneficial Ownership Professional Conduct

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Parties

Petitioner

Petitioner

Respondent

Respondent

Third Party

Third Party

Procedural Posture

Ancillary Matrimonial Proceedings / Application for Costs Orders Following Concession on Preliminary Issue

Legal Issues

  1. 1 Whether Respondent and Third Party should pay Petitioner's costs on an indemnity basis
  2. 2 Whether their conduct amounted to an abuse of process
  3. 3 Whether costs should be ordered against the Third Party for the period before he was formally joined

Ratio Decidendi

The Respondent and Third Party engaged in an abuse of process by orchestrating a sham to disguise the true beneficial ownership of Marett Homes Limited and by failing in their disclosure obligations, justifying an order for indemnity costs against them, jointly and severally, for the relevant proceedings.

Court Disposition

Applications granted.

Orders

  • Respondent and Third Party to pay Petitioner's costs of and incidental to the trial of the preliminary issue on an indemnity basis, jointly and severally.
  • Respondent and Third Party to pay the reasonable costs of the witnesses from RBSI and the States of Jersey Planning Department of and incidental to the summons heard on 2nd May 2007, jointly and severally.