Civil Procedure Act and Cost Provisions Quiz

The Court of Appeal's preliminary view was that Westmont's appeal was filed in Westmont's name, and since Westmont was wound up, this lent credence to CBK's anxiety about recovering costs if the appeal was unsuccessful.

The Court of Appeal determined the matters of substitution and winding up itself, despite acknowledging that these were matters for determination on merit in the pending appeal, which constituted an unfortunate embarrassment to the eventual trial bench.

The Court of Appeal raised the issue of whether Jasmin See, who was given power of attorney by Westmont, would pay the legal costs if Westmont lacked capacity, and whose agent or beneficiary she was in the appeal proceedings.

<p>According to the Court of Appeal, the appellants failed to file a replying deposition and only filed grounds of opposition, leaving the questions raised by the Court unanswered.</p> Signup and view all the answers

<p>Based on the passage, it can be inferred that Lynwood substituted or replaced Westmont as the appellant in the appeal proceedings after Westmont was wound up.</p> Signup and view all the answers

<p>The legal principle or concept illustrated is that of issues being properly determined at trial or on the merits of a case, rather than being prejudged or determined prematurely by an appellate court.</p> Signup and view all the answers

<p>The phrase 'lends credence to' suggests that the Court of Appeal viewed CBK's anxiety about recovering costs as reasonable or justified, given the circumstances surrounding Westmont's winding up and the appeal being filed in its name.</p> Signup and view all the answers

<p>The phrase 'undisputed that Westmont was wound up' suggests that it was an accepted or uncontested fact that Westmont had been wound up or dissolved, which had implications for the appeal proceedings and CBK's ability to recover costs.</p> Signup and view all the answers

<p>The term 'power of attorney' suggests that Jasmin See had been granted legal authority by Westmont to act on its behalf in the appeal proceedings, raising questions about her capacity and role if Westmont itself lacked capacity.</p> Signup and view all the answers

<p>Based on the passage, it can be inferred that the legal costs at stake in the appeal proceedings were significant enough to raise concerns about the ability to recover them, particularly given Westmont's wound-up state and uncertainty surrounding the appellant's representation.</p> Signup and view all the answers