Preston v Nikolaidis (No 2) [2021] NSWSC 174

Preston v Nikolaidis (No 2) [2021] NSWSC 174

The Court exercised its discretion to order the plaintiff to pay the defendants' costs on an indemnity basis because the plaintiff should have known that his application for leave to file the verified pleading had no chance of success and unduly prolonged proceedings by seeking to prosecute groundless claims. The combination of circumstances was sufficiently unusual or special to warrant indemnity costs.

Jurisdiction
Australia
Judgment Date
03 March 2021
Procedural Posture
Costs Application / Post Dismissal Costs Determination
Outcome
Defendants' costs of and incidental to plaintiff's application for leave to file verified pleading to be paid by plaintiff on an indemnity basis.
Legal Topics
['costs' 'indemnity Costs' 'abuse of Process' 'anshun Estoppel']
['civil Procedure' 'equity'] ['costs' 'indemnity Costs' 'abuse of Process' 'anshun Estoppel']

Case Brief

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Procedural Posture

Costs Application / Post Dismissal Costs Determination

Legal Issues

  1. 1 ["Whether plaintiff should pay defendants' costs on an indemnity basis for application for leave to file verified pleading" 'Application of principles for awarding indemnity costs']

Ratio Decidendi

The Court exercised its discretion to order the plaintiff to pay the defendants' costs on an indemnity basis because the plaintiff should have known that his application for leave to file the verified pleading had no chance of success and unduly prolonged proceedings by seeking to prosecute groundless claims. The combination of circumstances was sufficiently unusual or special to warrant indemnity costs.

Court Disposition

Defendants' costs of and incidental to plaintiff's application for leave to file verified pleading to be paid by plaintiff on an indemnity basis.

Orders

  • ["Order that the defendants' costs of and incidental to the notice of motion filed on 25 October 2019, including costs of notice of motion filed 15 November 2018 and all points or statements of claim served or filed by the plaintiff during period between 15 November 2018 and 25 October 2019, be paid by the plaintiff...