Baan Australia Pty Ltd v George Weston Foods Ltd [2000] NSWSC 742

Baan Australia Pty Ltd v George Weston Foods Ltd [2000] NSWSC 742

There was no evidence that GWF or its legal representatives acted improperly or vexatiously in maintaining the representations case; the case collapsed during the hearing without special circumstances warranting indemnity costs. An award of indemnity costs was therefore not justified.

Jurisdiction
Australia
Judgment Date
28 July 2000
Procedural Posture
Application for Indemnity Costs / Post Judgment Costs Determination
Outcome
Application for indemnity costs refused
Legal Topics
['indemnity Costs' 'withdrawal of Claim' 'costs Orders']
['civil Procedure'] ['indemnity Costs' 'withdrawal of Claim' 'costs Orders']

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Procedural Posture

Application for Indemnity Costs / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded where a party abandons part of its case during the hearing']

Ratio Decidendi

There was no evidence that GWF or its legal representatives acted improperly or vexatiously in maintaining the representations case; the case collapsed during the hearing without special circumstances warranting indemnity costs. An award of indemnity costs was therefore not justified.

Court Disposition

Application for indemnity costs refused

Orders

  • ['Order 3 in the Notice of Motion refused']