Parlby and Anor v Blair and Others [2013] NSWSC 100

Parlby and Anor v Blair and Others [2013] NSWSC 100

Although Mr Parlby did not establish sufficient practical success to obtain an order that Mr Blair pay his costs, Mr Blair's failure to provide information and explanations earlier, despite being able to procure them, was unreasonable and likely caused unnecessary costs. Those matters justified departure from the default position under UCPR r 42.20 only to the extent that there be no further order as to costs beyond the orders already made by Rein J, and the agreed stay of the indemnity costs order should be dissolved.

Jurisdiction
Australia
Judgment Date
20 February 2013
Procedural Posture
Costs Application in Equity Division Corporations List Proceedings / After Proceedings Were Dismissed by Consent; Application Concerning Costs and Dissolution of Stay of Indemnity Costs Order
Outcome
Stay of the indemnity costs order dissolved; no other order as to costs of the proceedings.
Legal Topics
['costs Following Dismissal of Proceedings' 'ucpr R 42.20' 'departure From Default Costs Position' 'indemnity Costs Stay' 'application for Leave Under S 237 of the Corporations Act 2001 (cth)']
['civil Procedure' 'costs' 'corporations'] ['costs Following Dismissal of Proceedings' 'ucpr R 42.20' 'departure From Default Costs Position' 'indemnity Costs Stay' 'application for Leave Under S 237 of the Corporations Act 2001 (cth)']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Application in Equity Division Corporations List Proceedings / After Proceedings Were Dismissed by Consent; Application Concerning Costs and Dissolution of Stay of Indemnity Costs Order

Legal Issues

  1. 1 ["Whether the Court should depart from the default position under UCPR r 42.20 that the plaintiff pay the defendants' costs where proceedings are dismissed." "Whether the plaintiffs' alleged practical success in obtaining access to documents and answers justified a different costs order." "Whether Mr Blair's failure promptly to respond to requests for company and trust information caused unnecessary costs and justified departure from the default costs position." 'Whether the stay of the indemnity costs order made by Rein J on 17 August 2012 should be dissolved.']

Ratio Decidendi

Although Mr Parlby did not establish sufficient practical success to obtain an order that Mr Blair pay his costs, Mr Blair's failure to provide information and explanations earlier, despite being able to procure them, was unreasonable and likely caused unnecessary costs. Those matters justified departure from the default position under UCPR r 42.20 only to the extent that there be no further order as to costs beyond the orders already made by Rein J, and the agreed stay of the indemnity costs order should be dissolved.

Court Disposition

Stay of the indemnity costs order dissolved; no other order as to costs of the proceedings.

Orders

  • ['The stay of the order for indemnity costs made in favour of the Defendants on 17 August 2012 by Rein J be dissolved.' 'There be no other order as to the costs of the proceedings.']