C G Maloney Pty Ltd v Noon [2011] NSWSC 256

C G Maloney Pty Ltd v Noon [2011] NSWSC 256

Given the particularly strong Anshun estoppel, plaintiff's prior knowledge from earlier proceedings, failure on additional substantive grounds, and clear notice by the defendants, the plaintiff should pay the defendants' costs on an indemnity basis.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 March 2011
Procedural Posture
Civil / Post Trial Costs Determination
Outcome
Plaintiff to pay the defendants' costs on an indemnity basis.
Legal Topics
['costs' 'indemnity Costs' 'anshun Estoppel' 'res Judicata']
['civil Procedure'] ['costs' 'indemnity Costs' 'anshun Estoppel' 'res Judicata']

Source-derived case record

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Procedural Posture

Civil / Post Trial Costs Determination

Legal Issues

  1. 1 ["Whether the plaintiff should pay the defendants' costs on an indemnity basis following success on an Anshun defence and other grounds"]

Ratio Decidendi

Given the particularly strong Anshun estoppel, plaintiff's prior knowledge from earlier proceedings, failure on additional substantive grounds, and clear notice by the defendants, the plaintiff should pay the defendants' costs on an indemnity basis.

Court Disposition

Plaintiff to pay the defendants' costs on an indemnity basis.

Orders

  • ["Plaintiff to pay the defendants' costs on an indemnity basis."]