16-Jun-11
START DATE
END DATE
25-Jul-11
Kim Bird v. Francyna Bennette et al
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
Property Law, Partition Actions, Costs in Litigation
KAWALEY J
Mr. Craig Rothwell (Cox Hallett Wilkinson)
Mrs. Lauren Sadler-Best (Trott & Duncan)
FACTS OF THE CASE:
Kim Bird filed an application for costs against the 5th Respondent, Francyna Bennette, arguing that costs should follow the event in a partition action regarding the sale of co-owned property. The Court found that while the usual rule of costs following the event does not strictly apply to partition actions, Bennette?s delays and obstruction contributed to legal expenses. The Court granted Bird 50% of her costs.
SUMMARY:
Petitioner
OUTCOMES:
Petitioner awarded 50% of her costs; Court recognized partial responsibility of Respondent.
RULED IN FAVOUR OF:
Kim Bird (Plaintiff) in part.
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Kim Bird v. Francyna Bennette et al
Kim Bird filed an application for costs against the 5th Respondent, Francyna Bennette, arguing that costs should follow the event in a partition action regarding the sale of co-owned property. The Court found that while the usual rule of costs following the event does not strictly apply to partition actions, Bennette?s delays and obstruction contributed to legal expenses. The Court granted Bird 50% of her costs.