Gunns Finance Pty Ltd (Receivers and Managers Appointed)(in Liquidation) v Sithiravel (No 3) [2018] NSWSC 1187

Gunns Finance Pty Ltd (Receivers and Managers Appointed)(in Liquidation) v Sithiravel (No 3) [2018] NSWSC 1187

Guardian's breach of duty put Mr Sithiravel in the position in which he incurred liability for Gunns Finance's costs, Mr Sithiravel acted reasonably in defending Gunns Finance's claim, and the Court had omitted to deal with the indemnity order sought; therefore Guardian should indemnify Mr Sithiravel for the costs he was ordered to pay to Gunns Finance.

Jurisdiction
Australia
Judgment Date
01 August 2018
Procedural Posture
Costs – Indemnification of Costs / On the Papers; Additional Order Following Judgment on Cross Claim
Outcome
Additional indemnity costs order made against Guardian Royal Financial Services Pty Ltd in favour of Mr Sithiravel.
Legal Topics
['costs Indemnity' 'omitted Orders' 'cross Claim' 'slip Rule']
['civil Procedure' 'costs'] ['costs Indemnity' 'omitted Orders' 'cross Claim' 'slip Rule']

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Procedural Posture

Costs – Indemnification of Costs / On the Papers; Additional Order Following Judgment on Cross Claim

Legal Issues

  1. 1 ['Whether Guardian Royal Financial Services Pty Ltd should indemnify Mr Sithiravel for costs he was ordered to pay to Gunns Finance Pty Ltd as a consequence of the principal judgment.' 'Whether the Court could make an additional order where it had omitted to fully deal with an application before it.']

Ratio Decidendi

Guardian's breach of duty put Mr Sithiravel in the position in which he incurred liability for Gunns Finance's costs, Mr Sithiravel acted reasonably in defending Gunns Finance's claim, and the Court had omitted to deal with the indemnity order sought; therefore Guardian should indemnify Mr Sithiravel for the costs he was ordered to pay to Gunns Finance.

Court Disposition

Additional indemnity costs order made against Guardian Royal Financial Services Pty Ltd in favour of Mr Sithiravel.

Orders

  • ['In addition to the amount payable by order 1 made on 15 December 2017, Guardian Royal Financial Services Pty Ltd pay to Mr Sithiravel the costs that he has been ordered to pay to Gunns Finance Pty Ltd (Receivers and Managers Appointed) (in Liquidation) as a consequence of the judgment delivered by the Court in...