DHR International Inc v Challis (No 5) [2016] NSWSC 761

DHR International Inc v Challis (No 5) [2016] NSWSC 761

The prosecution for criminal contempt failed and was not so frivolous or unjustified as to warrant indemnity costs; party/party costs are appropriate and payable forthwith. Indemnity costs are reserved for exceptional cases, which this is not. Costs for the costs hearing are to be borne individually by parties.

Jurisdiction
Australia
Judgment Date
10 June 2016
Procedural Posture
Motion/prosecution for Criminal Contempt and Costs Determination / Post Verdict, Costs Hearing
Outcome
Party/party costs ordered against Mr Darren Challis in favour of DHR International Inc and Mr David Hoffman; each party to bear its own costs for the 18 May 2016 costs hearing.
Legal Topics
['party/party Costs' 'indemnity Costs' 'withdrawal of Prosecution' 'procedural Defects in Prosecution' 'costs Hearing']
['costs' 'criminal Contempt'] ['party/party Costs' 'indemnity Costs' 'withdrawal of Prosecution' 'procedural Defects in Prosecution' 'costs Hearing']

Case Brief

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Procedural Posture

Motion/prosecution for Criminal Contempt and Costs Determination / Post Verdict, Costs Hearing

Legal Issues

  1. 1 ['Whether costs should be ordered on indemnity or party/party basis for failed criminal contempt prosecution' 'Whether proceedings against Mr Hoffman were brought for an ulterior purpose or were defective' 'Appropriate costs orders for the costs hearing itself']

Ratio Decidendi

The prosecution for criminal contempt failed and was not so frivolous or unjustified as to warrant indemnity costs; party/party costs are appropriate and payable forthwith. Indemnity costs are reserved for exceptional cases, which this is not. Costs for the costs hearing are to be borne individually by parties.

Court Disposition

Party/party costs ordered against Mr Darren Challis in favour of DHR International Inc and Mr David Hoffman; each party to bear its own costs for the 18 May 2016 costs hearing.

Orders

  • ['Mr Darren Challis must pay the party/party costs of DHR International Inc of the proceedings, except for the effect of order 3, payable forthwith.' 'Mr Darren Challis must pay the party/party costs of Mr David Hoffman of the proceedings, except for the effect of order 3, payable forthwith.' 'Each of the three...