Guernsey Judgment 60/2003 - Kaduna Limited v R Durtnell & Sons Limited

View printable version

Contract - building works - award by adjudicator in England - freezing order made by Royal Court - order subsequently discharged - defendant (now the appellant) sought full indemnity costs - freezing and costs orders both matters of judicial discretion - circumstances in which appellate court would interfere with exercise of discretion - burden of proof lies on the plaintiff (now the respondent to the appeal) to show that an interim ex parte order was properly obtained - further pursuit of costs was unjustified - appeal dismissed.