Order approach - Determination of the rights of the parties
Shubrook v. Tufnell
Re bozson
Rules on definition of Judgements and the slip rule
r. 2.03 and rule 5
In Garnishee proceedings, the debt must be due in law but no necessarily immediately enforceable.
Webb v. Stenton
Claimant can still file another action on the same facts if the first claim is discontinued.
Reid v. London
Declarations just lay out a point of law.
Wallerstein v. Moir
Judgement is the decision of the court in an action and an order is everything else
Onslow v. Inland
Standard for Interim Payments is higher than the usual civil standard. Court must be satisfied that the claimant will succeed.
British v. Quadrex
Non-residency is no longer a predominant factor. Defendant must prove that granting the application is just and non residency is just another factor to consider in granting the application.
Ralph v. TT
CPR on Security for costs
R. 24
Court will not make a determination on the oral examination. Examination is cross examination of the strictest form.
Costa Rica v. Stronsberg
Interim Payament Application Must
- Set out the grounds
- Set out assessment of damages
- exhibit documentary evidence
- Set out particulars of the persons to benefit
- Set out the reasons for the application E.G. MONEY FOR EDUCATION
Felicia v. Eagle air
Locus classicus for Securrity for costs. the court must weigh the injustices to both parties if one or the other is not granted
Elma Lawson
CPR Interim Payments
R. 17
This case outlienes the method of costs to be used in bill of costs for security for costs
Ultra marine case
When stipulating a value the court should take into account:
- Assessment of the value by the court
- real dispute between the parties
- evidence before the court
- no trial should be conducted to make a finding
- costs awarded should be fair and reasonable
Denisha Mayers v. Wilson
The reasoning that the payments are for wrong or extravagant will not be accepted by the court.
Wittich v. Twaddle
Withdrawal and Discontinuance
S. 37 CPR
A person is habitually resident where he resides in a place for a settled purpose even where different from his permanent abode.
Melville v. Clarke
Notice of discontinuane does not affect proceedings for costs.
Pacific v. Comerco
Proceeds of distribution
- Costs of Execution
- Payment of the Judgement Debt
- Residue to Judgement Debtor
Bissicks v. The Bath
Application Apprach- A look at the nature of the application
Salaman v. Warner
Judge is functus officio when the order is perfected.
Scott James v. Chebab
Order takes effect from the time it is pronounced in court.
Holtby v. Hodgeson
Budgted costs are not only to be reasonable and proportionate but also must
- keep the parties on equal footing
- save expense
Be proportionate to the value of the claim
- Take into account the complexity of the issue
- importance of the case and
- financial position of the parties
Kumar v. Sarim
Judicial Review is the process by which the Supreme Court ensures that lower courts and administrations act lawfully.
The court has an unfettered discretion to grant costs notwithstanding the general rule
Forbes v. AG
Sanatan v. AG