Cappello v Hammond & Simonds NSW Pty Ltd (No 2) [2020] NSWSC 1199

Cappello v Hammond & Simonds NSW Pty Ltd (No 2) [2020] NSWSC 1199

Plaintiffs insisted on proceeding in Supreme Court based on claims they must have appreciated were doomed to fail, putting defendants to substantially more expense than necessary; this conduct justifies an order that plaintiffs pay the defendants' costs on an indemnity basis.

Jurisdiction
Australia
Judgment Date
04 September 2020
Procedural Posture
Equity Technology and Construction List / Costs Determination Following Substantive Judgment
Outcome
Plaintiffs ordered to pay the defendants' costs on an indemnity basis.
Legal Topics
['indemnity Costs' 'forum Selection' 'home Building Act Claims']
['costs'] ['indemnity Costs' 'forum Selection' 'home Building Act Claims']

Case Brief

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Procedural Posture

Equity Technology and Construction List / Costs Determination Following Substantive Judgment

Legal Issues

  1. 1 ["Whether costs should be awarded on an indemnity basis due to plaintiffs' conduct in forum selection and claim pursuit"]

Ratio Decidendi

Plaintiffs insisted on proceeding in Supreme Court based on claims they must have appreciated were doomed to fail, putting defendants to substantially more expense than necessary; this conduct justifies an order that plaintiffs pay the defendants' costs on an indemnity basis.

Court Disposition

Plaintiffs ordered to pay the defendants' costs on an indemnity basis.

Orders

  • ["The plaintiffs pay the defendants' costs on an indemnity basis."]