ARKRIVER PTY LTD and ANOR v COLLY FARMS COTTON LTD [1996] NSWCA 22

ARKRIVER PTY LTD and ANOR v COLLY FARMS COTTON LTD [1996] NSWCA 22

A defendant who retains part or all of the monies claimed against them as a result of a settlement or court order vacating earlier orders can be regarded as having 'success' in the proceedings for the purposes of an indemnity costs clause.

Parties
Appellant: Arkriver Pty Ltd; Respondent: Colly Farms Cotton Ltd
Jurisdiction
Australia
Judgment Date
07 June 1996
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal allowed.
Legal Topics
Deed of Release, Indemnity Costs, Settlement Interpretation
Contract Law Civil Procedure Deed of Release Indemnity Costs Settlement Interpretation

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Arkriver Pty Ltd

Appellant

Colly Farms Cotton Ltd

Respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether a favourable settlement allows a defendant to be considered 'successful in a claim or defence' under an indemnity costs agreement

Ratio Decidendi

A defendant who retains part or all of the monies claimed against them as a result of a settlement or court order vacating earlier orders can be regarded as having 'success' in the proceedings for the purposes of an indemnity costs clause.

Court Disposition

Appeal allowed.

Orders

  • Appeal allowed.
  • Judgment and order of Cole J set aside.