Fontaine v Amesbury (CA 16/2019 (arising in CS 3/2017)) [2020] SCSC 488 (2 April 2020)

Fontaine v Amesbury (CA 16/2019 (arising in CS 3/2017)) [2020] SCSC 488 (2 April 2020)

The Magistrate exceeded jurisdiction by ordering costs of SCR 5,000 to be paid before the next hearing date without assessment or direction for taxation. The order was punitive and not justified, especially as the Respondent was self-represented and the costs were unsubstantiated. The Supreme Court invoked its equitable powers to quash the order.

Citation
[2020] SCSC 488
Parties
Appellant: Andy Fontaine; Respondent: Alexia Amesbury
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 April 2020
Case Number
CA 16/2019 (arising in CS 3/2017)
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
order of Magistrate quashed
Legal Topics
Costs, Appeals, Interlocutory Orders
Source Language
English
Civil Procedure Costs Appeals Interlocutory Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Andy Fontaine

Appellant

Alexia Amesbury

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Magistrate erred in awarding costs of SCR 5,000 to the Respondent before the next hearing date
  2. 2 Whether the order was appealable as a final judgment or interlocutory order
  3. 3 Whether the Magistrate had jurisdiction to order costs without assessment or taxation

Ratio Decidendi

The Magistrate exceeded jurisdiction by ordering costs of SCR 5,000 to be paid before the next hearing date without assessment or direction for taxation. The order was punitive and not justified, especially as the Respondent was self-represented and the costs were unsubstantiated. The Supreme Court invoked its equitable powers to quash the order.

Court Disposition

order of Magistrate quashed

Orders

  • The order for the Appellant to pay SCR 5,000 in costs to the Respondent before the next hearing date is quashed.
  • If the Appellant has already paid the sum, he is to be refunded.