Edward Moses Obeid Snr v David Andrew Ipp [2017] NSWSC 271

Edward Moses Obeid Snr v David Andrew Ipp [2017] NSWSC 271

Indemnity costs were warranted against the First Defendant (the Commissioner) because the Plaintiffs made grave allegations without basis and abandoned them without explanation, constituting unreasonable, inappropriate, and unjustifiable conduct. Ordinary costs were appropriate for other Defendants as agreed by the parties.

Jurisdiction
Australia
Judgment Date
20 March 2017
Procedural Posture
Costs Application / Post Judgment (costs Determination)
Outcome
Costs orders made against Plaintiffs; indemnity costs ordered in favour of the First Defendant; ordinary costs ordered for other Defendants; certain interest on costs ordered.
Legal Topics
['indemnity Costs' 'ordinary Costs' 'unreasonable Conduct in Litigation']
['civil Procedure'] ['indemnity Costs' 'ordinary Costs' 'unreasonable Conduct in Litigation']

Case Brief

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Procedural Posture

Costs Application / Post Judgment (costs Determination)

Legal Issues

  1. 1 ['Whether indemnity costs are warranted against the Plaintiffs for conduct during proceedings' 'Appropriate basis for costs (indemnity or ordinary) as against each Defendant']

Ratio Decidendi

Indemnity costs were warranted against the First Defendant (the Commissioner) because the Plaintiffs made grave allegations without basis and abandoned them without explanation, constituting unreasonable, inappropriate, and unjustifiable conduct. Ordinary costs were appropriate for other Defendants as agreed by the parties.

Court Disposition

Costs orders made against Plaintiffs; indemnity costs ordered in favour of the First Defendant; ordinary costs ordered for other Defendants; certain interest on costs ordered.

Orders

  • ["The Plaintiffs are to pay the First Defendant's costs of the proceedings on the indemnity basis with interest accruing as prescribed." "The Plaintiffs are to pay the Second Defendant's costs on the ordinary basis, with interest on costs and disbursements as specified in the order." "The Plaintiffs are to pay the...