Banks (John and Lynne) v Martin and Gill Geddis - Costs
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 05 November 2012 |
| Neutral Citation | [2012] NIQB 87 |
| Date | 05 November 2012 |
| Year | 2012 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2012] NIQB 87 Ref: WEA 8612
Judgment: approved by the Court for handing down Delivered:05/11/12
Subject to editorial correction
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
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QUEEN’S BENCH DIVISION (COMMERCIAL)
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BETWEEN
JOHN BANKS AND LYNN BANKS
Plaintiffs
V
MARTIN GEDDIS AND GILL GEDDIS
Defendants
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COSTS
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WEATHERUP J
[1] Judgment in this action was delivered on 28 June 2012 and is reported under
neutral citation [2012] NIQB 57. The solicitors on record for the plaintiffs and for the
defendants have been afforded an opportunity to show cause why they should not
bear personal responsibility for the costs of the action. Ms Angela Matthews
appeared for the plaintiffs’ solicitors and Mr David Dunlop appeared for the
defendants’ solicitors to show cause.
[2] The plaintiffs as vendor of premises sued the defendants as purchasers of the
premises for the recovery of £40,000, being part of the purchase monies retained by
the defendants by agreement pending certain steps being taken by the plaintiffs. In
essence the defendants purchased the premises intending to construct an additional
dwelling on the site and in order for the defendants to be able to do so it was
necessary to clear a restrictive covenant against the construction of another dwelling.
£45,000 was retained by the defendants pending the plaintiffs securing the removal
of the restrictive covenant. Eventually it was the defendants who bought out the
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