Clancy v Prince & 2 Ors [2001] NSWSC 164

Clancy v Prince & 2 Ors [2001] NSWSC 164

Plaintiff was not entitled to indemnity costs, as defendants' conduct did not reach the threshold of being plainly unreasonable. The ordinary rule for costs on party/party basis applies. Proceedings properly commenced in Supreme Court due to declaratory relief and complexity/novelty of legal issues (contribution and s55(2A) of Conveyancing Act).

Jurisdiction
Australia
Judgment Date
13 March 2001
Procedural Posture
Equity Proceedings / Post Judgment (costs Determination)
Outcome
Costs recoverable on party/party basis by purchaser (plaintiff); costs order against all three defendants on equal basis.
Legal Topics
['costs Determination' 'indemnity Costs' 'party/party Costs' 'declaratory Relief' 'jurisdiction' 'contribution Between Defendants' 'misrepresentation']
['equity' 'costs'] ['costs Determination' 'indemnity Costs' 'party/party Costs' 'declaratory Relief' 'jurisdiction' 'contribution Between Defendants' 'misrepresentation']

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Procedural Posture

Equity Proceedings / Post Judgment (costs Determination)

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded against the defendants' 'Applicability of Supreme Court Rules Pt 52A r33 to costs' 'Jurisdiction of Supreme Court versus District Court' 'Effect of Calderbank-type settlement offer' 'Liability of Second and Third Defendants for costs']

Ratio Decidendi

Plaintiff was not entitled to indemnity costs, as defendants' conduct did not reach the threshold of being plainly unreasonable. The ordinary rule for costs on party/party basis applies. Proceedings properly commenced in Supreme Court due to declaratory relief and complexity/novelty of legal issues (contribution and s55(2A) of Conveyancing Act).

Court Disposition

Costs recoverable on party/party basis by purchaser (plaintiff); costs order against all three defendants on equal basis.

Orders

  • ['Plaintiff entitled to recover costs against all three defendants on equal party/party basis.' 'No indemnity costs awarded against any defendant.' 'Orders and declarations in paragraphs 1 to 6 followed from judgment.' 'Third cross-claim procedural directions dealt with separately.']