Over Fifty Mutual Friendly Society Ltd & Anor v Smithies & Ors [2007] NSWSC 352

Over Fifty Mutual Friendly Society Ltd & Anor v Smithies & Ors [2007] NSWSC 352

The plaintiffs pursued a hopeless interlocutory application lacking any substance, constituted relevant delinquency, and justified an order that plaintiffs pay the second and third defendants' costs on an indemnity basis.

Parties
First Plaintiff: Over Fifty Mutual Friendly Society Pty Ltd; Second Plaintiff: Over Fifty Capital Limited; First Defendant: Ted Smithies; Second Defendant: Conrina Constructions Pty Ltd; Third Defendant: Magestic Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
18 April 2007
Procedural Posture
Equity Proceedings (technology and Construction) / Post Interlocutory Application; Costs and Directions Following Reserved Judgment
Outcome
Indemnity costs ordered; proceedings stood over for directions.
Legal Topics
Indemnity Costs, Costs Orders, Hopeless Application, Technology and Construction List
Civil Procedure Indemnity Costs Costs Orders Hopeless Application Technology and Construction List

Case Brief

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Parties

Over Fifty Mutual Friendly Society Pty Ltd

First Plaintiff

Over Fifty Capital Limited

Second Plaintiff

Ted Smithies

First Defendant

Conrina Constructions Pty Ltd

Second Defendant

Magestic Constructions Pty Ltd

Third Defendant

Procedural Posture

Equity Proceedings (technology and Construction) / Post Interlocutory Application; Costs and Directions Following Reserved Judgment

Legal Issues

  1. 1 Whether indemnity costs should be ordered against the plaintiffs for bringing a hopeless interlocutory application
  2. 2 Whether the plaintiffs are entitled to replead their claim

Ratio Decidendi

The plaintiffs pursued a hopeless interlocutory application lacking any substance, constituted relevant delinquency, and justified an order that plaintiffs pay the second and third defendants' costs on an indemnity basis.

Court Disposition

Indemnity costs ordered; proceedings stood over for directions.

Orders

  • Plaintiffs are to pay the costs of the second and third defendants on an indemnity basis.
  • Proceedings stood over to the Technology and Construction List Judge's directions list on Friday 27 April 2007.