SIRTES v PRYER [2006] NSWSC 438

SIRTES v PRYER [2006] NSWSC 438

The first defendant's resistance to the plaintiff's relief was unreasonable and delinquent after the plaintiff conceded an equitable charge, and costs were magnified by the first defendant's conduct. An indemnity costs order from the date of this concession is appropriate.

Jurisdiction
Australia
Judgment Date
15 May 2006
Procedural Posture
Equity Proceedings / Determination of Costs Following Substantive Judgment
Outcome
Order for indemnity costs against the first defendant from 23 March 2005.
Legal Topics
['costs' 'indemnity Costs' 'constructive Trust']
['equity' 'civil Procedure'] ['costs' 'indemnity Costs' 'constructive Trust']

Case Brief

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Procedural Posture

Equity Proceedings / Determination of Costs Following Substantive Judgment

Legal Issues

  1. 1 ["Whether the first defendant should pay the plaintiff's costs on an indemnity basis" 'Whether the conduct of the first defendant justified an order for indemnity costs']

Ratio Decidendi

The first defendant's resistance to the plaintiff's relief was unreasonable and delinquent after the plaintiff conceded an equitable charge, and costs were magnified by the first defendant's conduct. An indemnity costs order from the date of this concession is appropriate.

Court Disposition

Order for indemnity costs against the first defendant from 23 March 2005.

Orders

  • ["The first defendant is to pay the plaintiff's costs of the proceedings, assessed on the indemnity basis from 23 March 2005."]