Perpetual Trustees Victoria Limited v Menzies (No 2) [2013] NSWSC 290

Perpetual Trustees Victoria Limited v Menzies (No 2) [2013] NSWSC 290

Perpetual’s conduct did not justify indemnity costs for all of Ms Menzies’ costs, but Ms Menzies was entitled to indemnity costs for the costs of proving the facts that her signature was forged after Perpetual had disputed a notice to admit facts. Perpetual and Challenger were ordered to pay Ms Menzies’ costs of the principal action, her cross-claim against the Registrar-General, and indemnity costs for proving the disputed facts. Each party was to bear their own costs of the cross-claim between Ms Menzies and Perpetual.

Jurisdiction
Australia
Judgment Date
05 April 2013
Procedural Posture
Costs Application / Post Judgment (costs Determination)
Outcome
Orders for costs made as set out below.
Legal Topics
['costs' 'indemnity Costs' 'separate Question Determination' 'notice to Admit Facts']
['civil Procedure'] ['costs' 'indemnity Costs' 'separate Question Determination' 'notice to Admit Facts']

Case Brief

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Procedural Posture

Costs Application / Post Judgment (costs Determination)

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded to Ms Menzies' 'Who should bear costs of the principal action and cross-claims' "Effect of parties' conduct on allocation of costs" 'When indemnity costs are justified under court rules']

Ratio Decidendi

Perpetual’s conduct did not justify indemnity costs for all of Ms Menzies’ costs, but Ms Menzies was entitled to indemnity costs for the costs of proving the facts that her signature was forged after Perpetual had disputed a notice to admit facts. Perpetual and Challenger were ordered to pay Ms Menzies’ costs of the principal action, her cross-claim against the Registrar-General, and indemnity costs for proving the disputed facts. Each party was to bear their own costs of the cross-claim between Ms Menzies and Perpetual.

Court Disposition

Orders for costs made as set out below.

Orders

  • ["Perpetual and Challenger are to pay Ms Menzies' costs of and incidental to the principal action." "Perpetual and Challenger are to pay Ms Menzies' costs on an indemnity basis of and incidental to establishing the disputed facts." "Perpetual and Challenger are to pay Ms Menzies' costs of and incidental to her...