Albarran v Theodorou [2006] NSWSC 9

Albarran v Theodorou [2006] NSWSC 9

Because the defendants compelled the plaintiffs to commence proceedings when there was no basis on which those proceedings could be opposed, it is an appropriate case for granting an indemnity costs order.

Parties
First Plaintiff: Richard Albarran; Second Plaintiff: Blair Pleash; First Defendant: George Theodorou; Second Defendant: Willard Day
Jurisdiction
Australia
Judgment Date
17 January 2006
Procedural Posture
Equity Proceedings / Judgment on Costs Order
Outcome
Indemnity costs order made.
Legal Topics
Costs, Caveats, Indemnity Costs
Equity Practice and Procedure Costs Caveats Indemnity Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Richard Albarran

First Plaintiff

Blair Pleash

Second Plaintiff

George Theodorou

First Defendant

Willard Day

Second Defendant

Procedural Posture

Equity Proceedings / Judgment on Costs Order

Legal Issues

  1. 1 Whether indemnity costs should be awarded when defendants compel plaintiff to initiate proceedings with no basis to oppose
  2. 2 Whether plaintiffs had a caveatable interest warranting withdrawal of lapsing notice

Ratio Decidendi

Because the defendants compelled the plaintiffs to commence proceedings when there was no basis on which those proceedings could be opposed, it is an appropriate case for granting an indemnity costs order.

Court Disposition

Indemnity costs order made.

Orders

  • Declaration made as per paragraph 1 of the short minutes of order initialled and dated by the judge.
  • Indemnity costs order granted in favour of the plaintiffs.