Third party costs order: Does the Court have power to permit
service of application out of the jurisdiction?
BVIHC (COM) 105OF2014: Hornbeam Corporation v Halliwel
Assets Inc, Panikos Symeou, Marigold Trust Company Limited (18
December 2014)
Introduction
In circumstances where a defendant obtains a costs order against
a company but it is well known that an individual who, though not a
party to the proceedings, is the ultimate beneficial owner of the
company and is the real party interested in the outcome of the suit
or was the person responsible for bringing the proceedings, the
defendant may want to make that individual liable for his costs.
Can you obtain an order to serve this non-party out of the
jurisdiction? This was the question the BVI Court addressed in this
decision.
