ABIGAIL AND CO v DAVIES [1993] NSWCA 303

ABIGAIL AND CO v DAVIES [1993] NSWCA 303

The award for indemnity costs was incorrect as it was based on reasons not relevant to the action, such as fiduciary relationship and distress, and no evidence justified a departure from the normal party and party costs order.

Parties
Appellant: Abigail and Co; Respondent: Davies
Jurisdiction
Australia
Judgment Date
14 December 1993
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Indemnity Costs, Solicitor's Negligence, Fiduiciary Duty, Assessment of Damages
Civil Procedure Costs Indemnity Costs Solicitor's Negligence Fiduiciary Duty Assessment of Damages

Case Brief

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Parties

Abigail and Co

Appellant

Davies

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Was the award of indemnity costs by the Master correct in principle?
  2. 2 Did the reasons for indemnity costs relate to relevant matters in the action compromised?

Ratio Decidendi

The award for indemnity costs was incorrect as it was based on reasons not relevant to the action, such as fiduciary relationship and distress, and no evidence justified a departure from the normal party and party costs order.

Court Disposition

Appeal allowed

Orders

  • The appeal be allowed
  • The costs order made by the Master on 4 June 1993 be set aside