Court allows appeal to set aside writ issue but denies costs, limiting relief to service only.
Cipro (CY)
Sintesi Legislator
Generato dall'IAThe Supreme Court varied the trial judge's order to set aside the issue of the writ of summons, ruling it unnecessary as the matter was no longer required at the time of the application. While the court permitted the deletion of the respondent's name from the title, it declined the appellants' request to set aside the costs order, instead deciding that each party should bear their own costs from the lower court. Consequently, the appeal was partially allowed regarding the procedural issue but denied regarding the costs allocation.
Regesto Legislator
Generato dall'IACivil Procedure Act; Writ of Summons: The court may vary an order to set aside the issue of a writ if it is no longer required to determine the matter, but may decline to set aside a costs order if the better course is to leave each party to bear their own costs.
Parole chiave
Generato dall'IADecisioni correlate
Generato dall'IATesto completo
[*5] 1977 November 3
(TRIANTAFYLLIDES, P. STAVRINIDES, L.LOIZOU,
A. LOIZOU, JJ.)
APPELLATE JURISDICTION
George D. Counnas & Sons Ltd.,
Appellants-Plaintiffs,
v.
Union Lebanese Transport Agencies,
through their agent in Cyprus
Costas Stylianou,
Respondents-Defendants,
(Civil Appeal No. 5727).
Practice - Writ of summons - Setting aside issue and service thereof - Writ of summons could not have been set aside as it was no longer required to determine this matter at the time when the relevant application was heard.
L. Papaphilippou, for the Appellants.
M. Vassiliou, for the Respondents.
Mr. Vassiliou: As it appears from the record, on May 24, 1977, I limited my application of February 19, 1977, to only the claim for the setting aside of the
[*6] service of the writ of summons on my client Costas Stylianou, on the ground that my client could not be made a party to this action, as a defendant or otherwise.
Mr. Papaphilippou: In the light of the statement of Mr. Vassiliou I do not insist as regards that part of my appeal which concerns the setting aside of the service on Costas Stylianou and I, also, do not object to his name being deleted from the title of the action; but, I apply that the order appealed from should be varied so that there should be rescinded that part of it which sets aside the issue of the writ of summons in this action.
Mr. Vassiliou: I agree.
TRIANTAFYLLIDES.P.: In the light of the statement made by counsel for respondent Costas Stylianou we are of the view that the issue of the writ of summons could not have been set aside by the trial judge as it was no longer required to determine this matter at the time when the relevant application was heard. We, therefore, vary accordingly the order appealed from so as to limit it to the setting aside of the service of the writ of summons on Costas Stylianou, and we delete, by consent, his name from the title of the action, so that the description of the defendants will from now on read as "Union Lebanese Transport [*7] Agencies, of Beirut”.
Mr. Vassiliou: I insist on the order for costs made by the trial Judge in my favour.
Mr. Papaphilippou: That order should be set aside, so that, each party should bear its own costs before the trial Judge; and, I claim the costs of this appeal.
TRIANTAFYLLIDES, P.: We think that the better course, in all the circumstances, is to set aside the order for costs against the appellants made by the trial Judge, and to make no order as to the costs of this appeal.
Order accordingly.