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Court reserves costs of application to stay proceedings pending determination of related proceedings

By: James Cross BL

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High Court, having ordered that proceedings be stayed pending the determination of other related proceedings, reserves the costs of the stay application to the trial judge, on the grounds that: an application by the defendant for a stay on the plaintiff’s proceedings was always going to be necessary; the plaintiff was entitled to come before the court and set out the reasons why it considered that its normal right to progress its proceedings in accordance with the Rules of the Superior Courts should not be impeded; the defendant was not entirely successful; and the Plaintiff is not in default of any pleadings.

Costs of legal proceedings - High Court had already granted a stay of proceedings in which the plaintiff sought a declaration that it is entitled to an indemnity from the defendant against claims made against it in separate proceedings pending the determination of the other proceedings - defendant seeks its costs on the basis that it was successful in the application – argued that there are no exceptional circumstances justifying departure from ordinary rule – wrote to the plaintiff in advance - plaintiff argues that the costs should be reserved to the trial of the action - court’s discretion regarding costs - plaintiff argues that the defendant was not entirely successful defendant ordered to deliver a defence before the stay would begin - the discretion to stay is entirely a matter for the court – an application by the defendant for a stay on the plaintiff’s proceedings was always going to be necessary - the plaintiff was entitled to come before the court and set out the reasons why it considered that its normal right to progress its proceedings in accordance with the Rules of the Superior Courts should not be impeded – defendant not entirely successful - Plaintiff not in default of any pleadings - order reserving the costs of the application to the trial judge.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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