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Allison Thomas -v- Fort Knox Bermuda Limited [2014] SC (Bda) 70 Com (11 September 2014)

September 2014 Costs

BERMUDA

SUPREME COURT

REVIEW OF REGISTRAR’S TAXATION – COSTS – ORDER 62

The Appellant Plantiff appealed against the decision of the Registrar that it was open to the Defendant to tax its costs awarded by the Court in an earlier judgment. The Costs Order had provided as follows: “The Plaintiff to pay the Defendant’s costs, taxed if not agreed. Enforcement stayed pending further hearing to be listed on the first available date in October 2011 or following determination of the Plaintiff’s Section 111 petition, if earlier”.

The Appellant’s Counsel submitted that the Costs Order had not stayed taxation of costs and the Court had no power, in light of Order 62 Rule 29(1), to postpone the commencement of taxation beyond the standard six months. Counsel for the Respondent submitted that substantial justice favoured the receiving party, as the paying party had escaped paying costs since the date of the judgment, without any liability for interest. The Court’s powers on a review were generous, and if the Registrar was entitled to extend time for taxation, so was a Judge on review from her decision.

 

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Allison Thomas -v- Fort Knox Bermuda Limited [2014] SC (Bda) 70 Com (11 September 2014)

 

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