6/26/2023
START DATE
END DATE
7/6/2023
Hillcrest Properties Ltd v. Ian Robert McDonald Smith
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
Property Law Civil Appeals
The Hon. Assistant Justice Elkinson
Mr Paul Harshaw (Canterbury Law)
Mr Christopher Swan (Christopher E. Swan & Co)
FACTS OF THE CASE:
Dispute over non-payment of maintenance fees and costs for renovations claimed breach of repair covenant and monies owed to Smith as project manager. Initial judgment awarded costs to both parties but denied indemnity costs to Hillcrest who appealed the decision on costs.
SUMMARY:
Whether the Magistrate was functus officio regarding an application for costs following an earlier judgment.
OUTCOMES:
Upheld the Magistrate's decision ruling he was functus officio and had no jurisdiction to reconsider costs
RULED IN FAVOUR OF:
Defendant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Download Case Summary:
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Hillcrest Properties Ltd v. Ian Robert McDonald Smith
Dispute over non-payment of maintenance fees and costs for renovations claimed breach of repair covenant and monies owed to Smith as project manager. Initial judgment awarded costs to both parties but denied indemnity costs to Hillcrest who appealed the decision on costs.