Fletcher v O'Hara et Al

• Jurisdiction: Barbados
• Court: High Court (Barbados)
• Judge: Williams, C.J.
• Judgment Date: 15 April 1982
• Neutral Citation: BB 1982 HC 24
• Docket Number: No. 752 of 1980
• Date: 15 April 1982

High Court

Williams, C.J. (Ag.)

No. 752 of 1980

Fletcher

and

O'Hara et al

Messrs. Smith & Smith for the plaintiff

Messrs. Fitzwilliam, Stone & Alcazar for the first defendant

Messrs. R.G. Mandeville & Co. for the second defendant

Messrs. Carrington & Sealy for the third defendant.

Practice and procedure - Costs

DECISION

Williams, C.J.

1 This is an action brought by Caroline Fletcher, a minority shareholder in Scott (Barbados) Limited, against Edward O'Hara, Emily Narodny and Scott (Barbados) Limited. On October 21, 1980 the plaintiff made an ex parte application for directions whether she should proceed in the action and for all further and necessary directions. On November 4, 1980 Worrell J. ordered, inter alia –

• “1. That the plaintiff, a minority share holder in the third defendant, should proceed in the action until the request for hearing has been made in the said action.

• 2. That the third defendant should pay the plaintiff's costs of the action and should indemnify her against any costs she may be ordered to pay to the defendants.”

2 The plaintiff now seeks an order that “the plaintiff's costs of and incidental to the action………… to the date of the order made herein as trustee be taxed and that the costs so taxed be paid by the company to the plaintiff.” The application is supported by an affidavit of the plaintiff who states that her financial position is precarious and that she has scarcely sufficient to support her family. She also states...