Smith v Autore t/as Autore & Associates Solicitors & Barristers (No 2) [2022] NSWSC 995

Smith v Autore t/as Autore & Associates Solicitors & Barristers (No 2) [2022] NSWSC 995

Justice does not permit the making of the indemnity order against Mr Autore as he was not responsible for the forensic decisions to pursue Mrs Autore nor the failure of the case against her. The order for costs should follow the usual principles that the successful party is awarded costs and those responsible for unsuccessful litigation bear the costs.

Jurisdiction
Australia
Judgment Date
26 July 2022
Procedural Posture
Costs Application / Post Judgment Orders
Outcome
Claims against Mrs Autore dismissed. Costs orders made.
Legal Topics
['costs' 'indemnity Orders']
['civil Procedure'] ['costs' 'indemnity Orders']

Case Brief

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Procedural Posture

Costs Application / Post Judgment Orders

Legal Issues

  1. 1 ['Whether Mr Autore should indemnify Mr and Mrs Smith for costs incurred in pursuing Mrs Autore' "Whether Mr Autore should pay Mr and Mrs Smith's costs for proceedings against Mrs Autore"]

Ratio Decidendi

Justice does not permit the making of the indemnity order against Mr Autore as he was not responsible for the forensic decisions to pursue Mrs Autore nor the failure of the case against her. The order for costs should follow the usual principles that the successful party is awarded costs and those responsible for unsuccessful litigation bear the costs.

Court Disposition

Claims against Mrs Autore dismissed. Costs orders made.

Orders

  • ['The claims brought against Mrs Autore be dismissed.' "Mr and Mrs Smith pay Mrs Autore's costs, as agreed or assessed." "Mr Autore pay Mr and Mrs Smith's costs of the proceedings brought against him, as agreed or assessed."]