Munstermann v Rayward; Rayward v Munstermann (No 3) [2017] NSWSC 457

Munstermann v Rayward; Rayward v Munstermann (No 3) [2017] NSWSC 457

Indemnity costs were appropriate because Mr Rayward's defence and cross-claim collapsed through readily made concessions in cross-examination, he should have known that neither had any real chance of success, numerous allegations were unsupported by evidence or not pressed, and groundless contentions unduly prolonged the proceedings.

Jurisdiction
Australia
Judgment Date
21 April 2017
Procedural Posture
Oppression Suit / Application for Indemnity Costs Dealt With on the Papers After Final Orders
Outcome
Costs to be paid on an indemnity basis.
Legal Topics
['indemnity Costs' 'oppression Proceedings' 'cross Claim' 'no Real Prospects of Success' 'groundless Allegations' 'undue Prolongation of Proceedings']
['costs' 'corporations Law'] ['indemnity Costs' 'oppression Proceedings' 'cross Claim' 'no Real Prospects of Success' 'groundless Allegations' 'undue Prolongation of Proceedings']

Case Brief

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Procedural Posture

Oppression Suit / Application for Indemnity Costs Dealt With on the Papers After Final Orders

Legal Issues

  1. 1 ["Whether Mr Rayward should pay Mr Munstermann's costs of the proceedings on an indemnity basis." 'Whether Mr Rayward defended the proceedings and prosecuted his cross-claim in circumstances where he should have appreciated there were no prospects of success.' 'Whether unsupported or unpressed allegations unduly prolonged the proceedings.']

Ratio Decidendi

Indemnity costs were appropriate because Mr Rayward's defence and cross-claim collapsed through readily made concessions in cross-examination, he should have known that neither had any real chance of success, numerous allegations were unsupported by evidence or not pressed, and groundless contentions unduly prolonged the proceedings.

Court Disposition

Costs to be paid on an indemnity basis.

Orders

  • ['The first and second defendants pay the costs of the plaintiff referred to in order 7 made on 31 March 2017 on an indemnity basis.']