MAKEIG v DERWENT [2001] NSWCA 288

The Supreme Court Rules already limit indemnity costs to those not unreasonably incurred or excessive, making further qualification unnecessary. Claimant conceded entitlement to indemnity costs.

Jurisdiction: Australia
Judgment Date: 03 September 2001
Procedural Posture: Application for Leave to Appeal / Costs Determination Following Dismissal
Outcome: Application for leave to appeal dismissed with costs; costs to be paid on an indemnity basis.
Legal Topics: ['indemnity Costs' 'appeals']

['costs'] ['indemnity Costs' 'appeals']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Costs Determination Following Dismissal

Legal Issues

1 ['Whether costs should be payable on an indemnity basis following dismissal of application for leave to appeal']

Ratio Decidendi

The Supreme Court Rules already limit indemnity costs to those not unreasonably incurred or excessive, making further qualification unnecessary. Claimant conceded entitlement to indemnity costs.

Court Disposition

Application for leave to appeal dismissed with costs; costs to be paid on an indemnity basis.

Orders

['The costs of the application for leave to appeal payable by the claimant to the opponent are to be on an indemnity basis.']