STM Fiduciaire -v- Bay Isles [2011] JRC 212 (02 November 2011)

STM Fiduciaire -v- Bay Isles [2011] JRC 212 (02 November 2011)

The plaintiff's case was inherently weak, based on rumour and suspicion, and would not have justified maintaining interim injunctions at an inter partes hearing. The defendants were subjected to injunctions without prior notice or opportunity to be heard, and provided sworn evidence refuting the allegations. Justice requires awarding indemnity costs to the defendants.

Citation
[2011] JRC 212
Parties
Plaintiff: STM Fiduciaire; First Defendant: Bay Isles Limited; Second Defendant: Michael Russell
Jurisdiction
Jersey
Judgment Date
02 November 2011
Procedural Posture
Application for Costs After Withdrawal of Proceedings / Post Withdrawal, Costs Determination
Outcome
Defendants awarded costs on the indemnity basis.
Legal Topics
Interlocutory Injunctions, Restraint of Trade, Costs, Consultancy Agreements, Share Purchase Agreements
Contract Law Employment Law Civil Procedure Interlocutory Injunctions Restraint of Trade Costs Consultancy Agreements Share Purchase Agreements

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Parties

STM Fiduciaire

Plaintiff

Bay Isles Limited

First Defendant

Michael Russell

Second Defendant

Procedural Posture

Application for Costs After Withdrawal of Proceedings / Post Withdrawal, Costs Determination

Legal Issues

  1. 1 Whether interim injunctions were properly granted and would have been maintained pending trial
  2. 2 Whether defendants are entitled to indemnity costs after withdrawal of proceedings

Ratio Decidendi

The plaintiff's case was inherently weak, based on rumour and suspicion, and would not have justified maintaining interim injunctions at an inter partes hearing. The defendants were subjected to injunctions without prior notice or opportunity to be heard, and provided sworn evidence refuting the allegations. Justice requires awarding indemnity costs to the defendants.

Court Disposition

Defendants awarded costs on the indemnity basis.

Orders

  • Defendants to have their costs on the indemnity basis.