Curistan v Keenan [2014] NICA 29 (7 April 2014)

Curistan v Keenan [2014] NICA 29 (7 April 2014)

The administrator's requirement for a costs indemnity was lawful, reasonable, and standard practice in equitable assignments; no unfair harm was inflicted on the appellant as she was not treated differently from other creditors and the risk of costs was real for the company.

Citation
[2014] NICA 29
Parties
Plaintiff/appellant: Marion Anne Curistan; Defendant/respondent: Thomas Martin Keenan
Jurisdiction
Northern Ireland
Judgment Date
07 April 2014
Procedural Posture
Appeal From High Court (chancery Division) / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Administration, Assignment of Cause of Action, Costs Indemnity, Unfair Harm to Creditor Interests
Company Law Insolvency Law Administration Assignment of Cause of Action Costs Indemnity Unfair Harm to Creditor Interests

Case Brief

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Parties

Marion Anne Curistan

Plaintiff/appellant

Thomas Martin Keenan

Defendant/respondent

Procedural Posture

Appeal From High Court (chancery Division) / Judgment on Appeal

Legal Issues

  1. 1 Whether administrator entitled to demand costs indemnity for assignment of cause of action
  2. 2 Whether administrator's actions unfairly harmed interests of member creditor contrary to paragraph 75 of Schedule B1 of the Insolvency (Northern Ireland) Order 1989

Ratio Decidendi

The administrator's requirement for a costs indemnity was lawful, reasonable, and standard practice in equitable assignments; no unfair harm was inflicted on the appellant as she was not treated differently from other creditors and the risk of costs was real for the company.

Court Disposition

Appeal dismissed

Orders

  • Application rejected; court to hear counsel on costs