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Court considers basis for third party costs order (Centrehigh v Amen)

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Published on: 21 June 2013

Published by a LexisNexis Dispute Resolution expert

Table of contents

Practical implications
Court details
Facts
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Article summary

The High Court has refused an application for a third party costs order as it considered the two third parties in the frame had not controlled, conducted or funded the litigation for their benefit. As such, they were not the ‘real parties’ to the litigation. The court was careful to note that its jurisdiction for making such orders is very fact-specific and it should not rely on following precedent decisions too rigorously. Ultimately, in this case the third parties had not been sufficiently involved in the litigation to engage the jurisdiction.

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