Hummingbird Rice Mills Ltd v Suriname and the Caribbean Community

• Jurisdiction: Caribbean States
• Judge: Nelson, J.,Saunders, J.,Wit, J.,Hayton, J.,Anderson, J.
• Judgment Date: 11 April 2012
• Court: Caribbean Court of Justice
• Docket Number: CCJ Application OA 1 of 2011
• Date: 11 April 2012

Caribbean Court of Justice

Nelson, J. CCJ; Saunders, J.CCJ; Wit, J. CCJ; Hayton, J.CCJ; Anderson, J.CCJ

CCJ Application OA 1 of 2011

Hummingbird Rice Mills Ltd.

and

Suriname and the Caribbean Community

Civil practice and procedure - Costs — Exceptional circumstances warranting each party to bare its own costs.

THE COURT

Composed of R. Nelson, A. Saunders, J. Wit, D. Hayton and W. Anderson, judges

Having regard to the Order made on February 23rd, 2012 requesting written submissions as to costs and to the written submissions filed on behalf of the claimant on March 14th, 2012, the written submissions filed on behalf of the first defendant on March 15th, 2012 and the written submission filed on behalf of the second defendant on March 15th, 2012.

SUPPLEMENTARY JUDGMENT AS TO COSTS

1 The claimant in these proceedings succeeded on some only of the claims made against the first defendant (“Suriname”). In particular, although the claimant did not recover any damages against Suriname it succeeded in obtaining a declaration that Suriname had breached its obligations under Article 82 of the Revised Treaty of Chaguaramas. The claimant did not succeed on any of the claims made against the second defendant (“The Community”).

2 In its judgment on the claim delivered on February 23rd, 2012 the Court reserved its decision on costs and ordered that written submissions be filed and exchanged [See Hummingbird Rice Mills Ltd. v. Suriname and The Caribbean Community [2012] CCJ 1 (OJ)]. The Court had earlier ordered that the costs of the claimant's application for Special Leave, made some months earlier, abide the outcome of the substantive proceedings [See Hummingbird Rice Mills Ltd. v. Suriname and The Caribbean Community [2012] CCJ 1 (OJ)].

3 In its written submissions the claimant argued that it should receive its full costs from Suriname as it had succeeded in establishing one of its claims against that defendant. In relation to the Community, the claimant submitted that it should not be condemned in costs. Suriname submitted that in light of the fact that the claimant was only partially successful in the claims made against it, both the claimant and Suriname should bear their own costs. The Community submitted that the claimant should pay the costs of the Community.

4 The Court takes into account that the breach of the Revised Treaty committed by Suriname was serious especially given its prolonged nature;...