Kishore v Transit Systems West Pty Ltd (No 2) [2022] NSWDC 119

Kishore v Transit Systems West Pty Ltd (No 2) [2022] NSWDC 119

The appropriate order is for the plaintiff to pay the defendant’s costs of the dismissed summons on the ordinary basis as agreed or assessed; lump sum or indemnity costs order would be oppressive under the circumstances, and a discounted gross assessment may operate unfairly to both parties.

Jurisdiction
Australia
Judgment Date
21 April 2022
Procedural Posture
Appeal of Small Claims Division Decision / Post Dismissal Costs Determination
Outcome
Plaintiff ordered to pay defendant’s costs on ordinary basis as agreed or assessed; indemnity basis and lump sum order declined.
Legal Topics
['costs' 'appeals']
['civil Procedure'] ['costs' 'appeals']

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

Procedural Posture

Appeal of Small Claims Division Decision / Post Dismissal Costs Determination

Legal Issues

  1. 1 ['Basis for costs order following dismissal of summons' 'Whether costs should be on an indemnity basis or assessed by Costs Assessor']

Ratio Decidendi

The appropriate order is for the plaintiff to pay the defendant’s costs of the dismissed summons on the ordinary basis as agreed or assessed; lump sum or indemnity costs order would be oppressive under the circumstances, and a discounted gross assessment may operate unfairly to both parties.

Court Disposition

Plaintiff ordered to pay defendant’s costs on ordinary basis as agreed or assessed; indemnity basis and lump sum order declined.

Orders

  • ["Plaintiff is ordered to pay the defendant's costs of the dismissed summons on the ordinary basis as agreed or assessed." "Defendant's costs are not to be assessed on an indemnity basis."]