Connections Total Fitness for the Family Pty Limited v Selkirk Pastoral Co Pty Limited (No. 3) [2014] NSWSC 649

Connections Total Fitness for the Family Pty Limited v Selkirk Pastoral Co Pty Limited (No. 3) [2014] NSWSC 649

The contract of indemnity between the parties does not expressly nor by necessary implication cover the plaintiffs' costs of these proceedings. Accordingly, there is no entitlement to indemnity costs, as indemnities are construed strictly in favour of the indemnifier and the present wording does not extend to litigation costs incurred to establish the indemnity.

Jurisdiction
Australia
Judgment Date
22 May 2014
Procedural Posture
Civil / Post Trial Costs and Damages Order
Outcome
Indemnity costs not awarded; orders for ordinary costs and other relief as specified.
Legal Topics
['indemnity Costs' 'contractual Indemnity' 'costs Orders' 'civil Procedure']
['equity' 'costs'] ['indemnity Costs' 'contractual Indemnity' 'costs Orders' 'civil Procedure']

Case Brief

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Procedural Posture

Civil / Post Trial Costs and Damages Order

Legal Issues

  1. 1 ['Whether the plaintiffs are entitled to an order for indemnity costs of these proceedings' "Whether the defendant's indemnity in respect of the debt obligations of the first plaintiff covers the plaintiffs' costs of these proceedings"]

Ratio Decidendi

The contract of indemnity between the parties does not expressly nor by necessary implication cover the plaintiffs' costs of these proceedings. Accordingly, there is no entitlement to indemnity costs, as indemnities are construed strictly in favour of the indemnifier and the present wording does not extend to litigation costs incurred to establish the indemnity.

Court Disposition

Indemnity costs not awarded; orders for ordinary costs and other relief as specified.

Orders

  • ['Judgment for the first plaintiff in the sum of $129,676.33.' 'Judgment for the third and fourth plaintiffs in the sum of $186,418.00 for debts to specified creditors and legal expenses.' 'Plaintiffs warrant they are not aware of other debts than those specified.' "Plaintiffs release the defendant from obligations...