Phillip Hyre and Kevon Hyre v HSBC Bank (Cayman) Limited - Supplementary Ruling on Costs

¶ 1 IN THE GRAND 2 HOLDEN AT 3 CIVIL DIVISI 4 5 6 BETWEEN: 7 8 9 10 11 AND: 13 14 15 ND COURT OF THE CAYMAN ISLANDS GEORGE TOWN ON Cause

¶ [1] PHILLIP HYRE

¶ [2] KEVON HYRE P. HSBC BANK (CAYMA) No: G 0139/2012 ) LIMITED DEFENDANT 16 17 18 Appearance 19 20 21 22 23 Before: 24 Written Subm 25 26 27 28 1. On 29 Mr. Dennis Brady for the Mr. William Jones of Op- Defendant The Hon. Mr. Justice Chi ssions Received: 1st February 2013 SUPPLEMENTARY RULING on the Plaintiffs' Case For the Charles Quin ON COSTS love Cause, and I 29 inv- 30 proc- 31 bre- 32 the 33 2. On 34 con- Supplementary Ruling Date: 21.2.13 ted Counsel to provide written submissions on the question of proceedings, I confirm that I have read and reviewed the s the 4th January 2013 I dismissed the Plaintiffs' Original subsequently, I can find no reason for not ordering costs to fol- low Costs of these omissions of Mr. Case on behalf of low the event. Coram: Quin J. Page 1 of 3
1 3. Pa 2 on 3 4 5 6 7 4. 1 1 The chargor shall pay on demand all fees and expe- hereafter payable thereon, and together also with all fees may be hereafter incurred by the chargee of, and protection and enforcement from time to time of the charge and that in defending the Plaintiffs' Originating Summo- ned by the parties cases that may be and expenses that incidental to, the levy of its costs." as the Defendant 8 inc 9 10 5. Fu 11 Ch 12 ex- 13 ch 14 6. In 15 16 curred fees and expenses which are, by definition, of and protection and enforcement of the Defendant's rights. therefore, under paragraph 10 of the same Schedule to large dated the 27th April 2009, the Defendant incurres erges in respect of the protection and enforcement of its rged properties upon default by the Plaintiffs, as set out in edition. GCR O.62 r.43 reads: "A person who claims to be entitled pursuant to contract to fees and expenses incurred in enforcing that contract's judgment for the amount found due under the contract incidental to the the Variation of d legal fees and rights to sell the paragraph 10. GRAND COURT- CAYMAN ISLANDS all be entitled to recover the legal and such amount 18 19 20 7. Ac- 21 res- 22 par 23 ex- Supplementary Rulin- Date: 21.2.13 shall not be subject to taxation pursuant to this Order." I accept the submissions made by counsel for respect of its costs and find that the Schedule to the Variation of the contract between the Plaintiffs and the Defend- anted by the parties Pressly state that: "It is hereby agreed that the [Plaintiffs] on Costs. Cause No. G139/2012. Hyre & Hyre v. HSBC Bank (Cayman) Limited." The Defendant in of Charge forms int - as its terms untiffsl and the Coram: Quin J. Page 2 of 3
1 /D 2 Ex. 3 dec. 4 8. Ac. 5 pay. 6 con. 7 fou. [fendant] hereby respectfully covenant with each other ... (on page 29 of Exhibit “LMB-I”). (ordinarily, and pursuant to GCR 0.62 t.4(3), I find that the all the legal fees and expenses incurred by the Defendant trait between the parties and are thereby entitled to Judge and due under the contract, and that such amount shall be paid in full by the Plaintiffs) 7 (at page 21 of e Defendant as a e Plaintiffs are to e in enforcing the entitlement the amount not be subject to 8 tax. 9 10 11 12 Dated this the 13 14 15 16 17 18 Honourable Judge 19 Judge of the Cay 20 Supplementary Ruling Date: 21.2.13