Big Blue Collective Limited v Kathleen De Bruyne (CL 162 of 2019) [2020] TCASC 20 (20 March 2020)

Flynote

Costs

Case summary

Plaintiff to have its costs of and incidental to these originating summons proceedings arising from the statutory demand. The question of whether inter partes costs may be awarded before the issue of proceedings was answered in the affirmative by Sir Robert Megarry V-C in Re Gibson’s Settlement Trusts; Mellors and another v Gibson and Others [1981] 1 All ER 233. Megarry V-C’s decision was followed and applied by Judge Peter Coulson QC in McGlinn v. Waltham Contractors Ltd. and others [2005] 3 All ER 1126. Therefore, in the instant case, costs incurred from the date of service of the statutory demand on 24 October 2019 are “incidental” to the costs of these originating summons proceedings to set aside that demand, and are recoverable. It matters not that the demand was withdrawn before the Court could pronounce on its propriety, nor does the reason for its withdrawal (paras 10, 11); see McGlinn v. Waltham Contractors Ltd. and others [2005] 3 All ER 1126 (dicta of Coulson J at paras 6 and 7 APPLIED). In the face of strong authority to the contrary, I cannot see Mr. Parrish and Mr. Shearer, nor can I see BBU behind BBC without piercing the corporate veil of BBC, and in that regard I must again have a mind to the decisions of superior courts that are either binding or highly persuasive (paras 16-23); see Yukong Line Ltd of Korea v. Rendsburg Investments Corp of Liberia and Others [1998] 2 BCLC 485 (CONSIDERED); Linsen v. Humpuss [2011] EWCA Civ 1042 (CONSIDERED); Prest v. Petrodel Resources Ltd. [2013] UKSC 34 (CONSIDERED); Rossendale BC v. Hurstwood Properties (A) Ltd. [2019] EWCA Civ 364 (CONSIDERED).

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