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The Patriot Group, LLC -v- Hilco Financial, LLC N/K/A 1310 Financial, LLC & Others [2015] SC (Bda) 38 Com (23 June 2015)

June 2015 Costs

BERMUDA

SUPREME COURT

RULING ON COSTS – THE EVIDENCE ACT, 1905 (AS AMENDED) – ORDER 70 OF THE RULES OF THE SUPREME COURT, 1985

This hearing was listed to determine how to deal with the costs arising from a prior judgment in which the Court refused the Applicant witness’ application to set aside an, ex parte, Order for her examination; an order that had been made without a hearing. While the Judge had found that the Order, as originally granted, was liable to be set aside on various grounds including material non-disclosure, these irregularities occurred in part because the application was prepared and prosecuted as if it was a non-opposed application when in fact the witness had not previously been contacted. In light of the fact that the Respondents had subsequently: (a) offered to vary the Order by including conditions in relation to the proposed examination and (b) on or about 7 November 2014 filed an affidavit which fortified the strength of the merits of the original application and to save costs, the Judge exercised his discretion in favour of varying the Order rather than setting it aside. The Applicant also achieved some marginal outcome of success in terms of broadening the scope of the examination conditions, which the Respondents had previously offered prior to the hearing.

 

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