P-S v C 4-Dec-2006 [2006] JRC 177 (04 December 2006)

P-S v C 4-Dec-2006 [2006] JRC 177 (04 December 2006)

Material non-disclosure of financial information and continued failure to provide relevant information constitute sufficiently unusual features to justify an award of indemnity costs.

Citation
[2006] JRC 177
Parties
Applicant: Wife; Respondent: Husband
Jurisdiction
Jersey
Judgment Date
04 December 2006
Procedural Posture
Application for Costs / Post Judgment
Outcome
Application for indemnity costs granted in favour of the wife.
Legal Topics
Ancillary Relief, Costs, Non Disclosure, Indemnity Costs
Family Law Civil Procedure Ancillary Relief Costs Non Disclosure Indemnity Costs

Case Brief

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Parties

Wife

Applicant

Husband

Respondent

Procedural Posture

Application for Costs / Post Judgment

Legal Issues

  1. 1 Whether indemnity costs should be awarded due to material non-disclosure of financial information by the husband

Ratio Decidendi

Material non-disclosure of financial information and continued failure to provide relevant information constitute sufficiently unusual features to justify an award of indemnity costs.

Court Disposition

Application for indemnity costs granted in favour of the wife.

Orders

  • Husband to pay the costs of the original suit, costs incurred by the wife to enforce the original award, costs of her application by representation dated 15th July 2005, and costs of this hearing, all on an indemnity basis.