Blazai P/L v Maclarens (No 2) [2013] NSWSC 31

Blazai P/L v Maclarens (No 2) [2013] NSWSC 31

Due to Mr Loiero's dishonest creation and destruction of documents, fabrication of evidence, and improper prosecution of a false and fraudulent claim on behalf of the plaintiff, and after a genuine Offer of Compromise was rejected by the plaintiff, costs were ordered against the plaintiff (on ordinary then indemnity basis) and against Mr Loiero (on indemnity basis), satisfying the exceptional circumstances for a non-party costs order under Civil Procedure Act s 98 and relevant case law.

Jurisdiction
Australia
Judgment Date
01 February 2013
Procedural Posture
Costs Application / Post Judgment Costs Determination
Outcome
Costs orders made against plaintiff and non-party principal.
Legal Topics
['costs' 'non Party Costs Orders' 'indemnity Costs' 'offer of Compromise' 'misconduct']
['civil Procedure'] ['costs' 'non Party Costs Orders' 'indemnity Costs' 'offer of Compromise' 'misconduct']

Case Brief

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Procedural Posture

Costs Application / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether indemnity costs should be ordered against the plaintiff and a non-party (Mr Loiero) due to misconduct and non-acceptance of a genuine Offer of Compromise' 'Whether exceptional circumstances exist to justify a costs order against a non-party']

Ratio Decidendi

Due to Mr Loiero's dishonest creation and destruction of documents, fabrication of evidence, and improper prosecution of a false and fraudulent claim on behalf of the plaintiff, and after a genuine Offer of Compromise was rejected by the plaintiff, costs were ordered against the plaintiff (on ordinary then indemnity basis) and against Mr Loiero (on indemnity basis), satisfying the exceptional circumstances for a non-party costs order under Civil Procedure Act s 98 and relevant case law.

Court Disposition

Costs orders made against plaintiff and non-party principal.

Orders

  • ["Plaintiff to pay defendants' costs of proceedings, including the costs of this application, on ordinary basis until 15 March 2011 and on indemnity basis thereafter." "Mr Loiero to pay defendants' costs of proceedings, including the costs of this application, on an indemnity basis."]