In the matter of Tresdar Pty Ltd (No 2) [2019] NSWSC 544

In the matter of Tresdar Pty Ltd (No 2) [2019] NSWSC 544

Given Mr Keefe's fraudulent conduct, detailed fabrications in pleadings and affidavits, and maintenance of a false defence that wasted court time and increased the plaintiff's legal costs, there are exceptional circumstances justifying indemnity costs against him.

Jurisdiction
Australia
Judgment Date
14 May 2019
Procedural Posture
Corporations Equity / Costs Determination Post Judgment
Outcome
Indemnity costs order made against first defendant.
Legal Topics
['indemnity Costs' 'misleading Conduct in Proceedings' 'fraudulent Conduct as Basis for Indemnity Costs']
['costs' 'corporations Law' 'equity'] ['indemnity Costs' 'misleading Conduct in Proceedings' 'fraudulent Conduct as Basis for Indemnity Costs']

Case Brief

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Procedural Posture

Corporations Equity / Costs Determination Post Judgment

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded against the first defendant due to his conduct in defending the proceedings.']

Ratio Decidendi

Given Mr Keefe's fraudulent conduct, detailed fabrications in pleadings and affidavits, and maintenance of a false defence that wasted court time and increased the plaintiff's legal costs, there are exceptional circumstances justifying indemnity costs against him.

Court Disposition

Indemnity costs order made against first defendant.

Orders

  • ['Vacate Order 5 made on 1 March 2019.' "Pursuant to section 98(1)(c) of the Civil Procedure Act 2005 (NSW), order the first defendant to pay the plaintiff's costs of the proceedings on an indemnity basis."]