Sharkey v Nissi (No 3) [2016] NSWSC 1648

Sharkey v Nissi (No 3) [2016] NSWSC 1648

The cross claim was formulated on a mistaken basis but was not commenced or continued in circumstances where Ms Nissi should have known it would necessarily fail, and did not impose unnecessary costs or oppression on the Trustee. Therefore, costs should be awarded on the ordinary basis.

Jurisdiction
Australia
Judgment Date
22 November 2016
Procedural Posture
Cross Claim / Costs Determination After Judgment
Outcome
Cross claimant to pay the second cross defendant's costs of the cross claim on the ordinary basis.
Legal Topics
['costs of Cross Claim' 'indemnity Costs' 'ordinary Costs']
['equity'] ['costs of Cross Claim' 'indemnity Costs' 'ordinary Costs']

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

Cross Claim / Costs Determination After Judgment

Legal Issues

  1. 1 ['Whether costs should be awarded on the indemnity basis or the ordinary basis for the dismissed cross claim']

Ratio Decidendi

The cross claim was formulated on a mistaken basis but was not commenced or continued in circumstances where Ms Nissi should have known it would necessarily fail, and did not impose unnecessary costs or oppression on the Trustee. Therefore, costs should be awarded on the ordinary basis.

Court Disposition

Cross claimant to pay the second cross defendant's costs of the cross claim on the ordinary basis.

Orders

  • ["Order the cross claimant to pay the second cross defendant's costs of the cross claim on the ordinary basis."]