John Hudak & Anor v Rhys Adams & Anor (No 2) [2013] NSWSC 1501

John Hudak & Anor v Rhys Adams & Anor (No 2) [2013] NSWSC 1501

Mr Adams maintained a hopeless defence by putting the plaintiffs to proof and asserting that Mr Hudak's evidence was unreliable when the objective evidence demonstrated that Mr Adams forged Mr Hudak's signature and carried out a detailed plan to defraud Mr Hudak. That conduct constituted delinquent conduct in the proceedings, and the matters relied on by the first defendant did not justify refusing indemnity costs.

Jurisdiction
Australia
Judgment Date
02 October 2013
Procedural Posture
Costs / Post Judgment Determination of Form of Orders and Costs
Outcome
The first defendant was ordered to pay the plaintiff's costs of the whole of the proceedings, as agreed or assessed, on an indemnity basis.
Legal Topics
['indemnity Costs' 'hopeless Defence' 'delinquent Conduct in Proceedings' 'forgery and Fraud Allegations']
['costs'] ['indemnity Costs' 'hopeless Defence' 'delinquent Conduct in Proceedings' 'forgery and Fraud Allegations']

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 / Post Judgment Determination of Form of Orders and Costs

Legal Issues

  1. 1 ["Whether the first defendant should be ordered to pay the plaintiff's costs on an indemnity basis."]

Ratio Decidendi

Mr Adams maintained a hopeless defence by putting the plaintiffs to proof and asserting that Mr Hudak's evidence was unreliable when the objective evidence demonstrated that Mr Adams forged Mr Hudak's signature and carried out a detailed plan to defraud Mr Hudak. That conduct constituted delinquent conduct in the proceedings, and the matters relied on by the first defendant did not justify refusing indemnity costs.

Court Disposition

The first defendant was ordered to pay the plaintiff's costs of the whole of the proceedings, as agreed or assessed, on an indemnity basis.

Orders

  • ["The first defendant is to pay the plaintiff's costs of the whole of the proceedings, as agreed or assessed, on an indemnity basis."]