HILLSTON v BAR-MORDECAI [2003] NSWSC 231

HILLSTON v BAR-MORDECAI [2003] NSWSC 231

Indemnity costs were warranted due to Mr Bar-Mordecai’s unreasonable, unmeritorious and improper conduct in the proceedings, including repeated filing of groundless motions, advancing false claims, and causing substantial wasted time, such that departure from the ordinary party and party costs rule was justified.

Jurisdiction
Australia
Judgment Date
04 April 2003
Procedural Posture
Equity Proceedings Addressing Costs After Trial in Three Related Matters / Post Trial, Costs Determination
Outcome
Indemnity costs awarded for much of the proceedings; specific orders made as to costs in each proceeding and interlocutory motion.
Legal Topics
['costs' 'indemnity Costs' 'family Provision' 'removal of Administrator' 'undue Influence']
['equity' 'civil Procedure'] ['costs' 'indemnity Costs' 'family Provision' 'removal of Administrator' 'undue Influence']

Case Brief

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Procedural Posture

Equity Proceedings Addressing Costs After Trial in Three Related Matters / Post Trial, Costs Determination

Legal Issues

  1. 1 ['Whether costs should be awarded on the indemnity basis in all or some proceedings and interlocutory applications' 'Appropriate assessment of costs for repeated, insubstantial or groundless Notices of Motion' 'Variation of previous cost orders regarding sale of estate property']

Ratio Decidendi

Indemnity costs were warranted due to Mr Bar-Mordecai’s unreasonable, unmeritorious and improper conduct in the proceedings, including repeated filing of groundless motions, advancing false claims, and causing substantial wasted time, such that departure from the ordinary party and party costs rule was justified.

Court Disposition

Indemnity costs awarded for much of the proceedings; specific orders made as to costs in each proceeding and interlocutory motion.

Orders

  • ["Order that the defendant pay the plaintiff's costs of proceedings 3240/98, with costs of the trial on indemnity basis." "Defendant to pay plaintiff's costs of Notice of Motion of 5 October 2001." "Plaintiff's costs of Notice of Motion of 11 October 2001 (also referred to as 15 October 2001) to be assessed on...