Cohen v Double Bay Bowling Club (No 5) [2021] NSWSC 1020

Cohen v Double Bay Bowling Club (No 5) [2021] NSWSC 1020

Indemnity costs were appropriate because the plaintiffs maintained proceedings against the Club which did not have reasonable prospects of success, belatedly abandoned substantial parts of their claim, and conducted the proceedings against the Club in a manner that caused unreasonable costs and delay. The abandonment of causes of action fundamentally changed the way the claim was propounded and was not neutral.

Jurisdiction
Australia
Judgment Date
13 August 2021
Procedural Posture
Costs Application / On the Papers After Proceedings Dismissed With Costs as Against the First Defendant
Outcome
Plaintiffs to pay the first defendant's costs on an indemnity basis.
Legal Topics
['indemnity Costs' 'no Reasonable Prospects of Success' 'abandonment of Claims' 'unreasonable Expense or Delay']
['civil Procedure' 'costs'] ['indemnity Costs' 'no Reasonable Prospects of Success' 'abandonment of Claims' 'unreasonable Expense or Delay']

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

Costs Application / On the Papers After Proceedings Dismissed With Costs as Against the First Defendant

Legal Issues

  1. 1 ["Whether the plaintiffs should pay the first defendant's costs on an indemnity basis." 'Whether the plaintiffs maintained proceedings having no reasonable prospects of success, belatedly abandoned substantial parts of their case, or conducted the proceedings so as to cause unreasonable expense or delay.']

Ratio Decidendi

Indemnity costs were appropriate because the plaintiffs maintained proceedings against the Club which did not have reasonable prospects of success, belatedly abandoned substantial parts of their claim, and conducted the proceedings against the Club in a manner that caused unreasonable costs and delay. The abandonment of causes of action fundamentally changed the way the claim was propounded and was not neutral.

Court Disposition

Plaintiffs to pay the first defendant's costs on an indemnity basis.

Orders

  • ["The plaintiffs' pay the first defendant's costs of the proceedings on an indemnity basis."]