Vasram v AMP Life Limited [2002] FCA 1286

Vasram v AMP Life Limited [2002] FCA 1286

Indemnity costs should be awarded for part of the proceedings (since 8 October 2001) due to the applicant's and solicitor's unreasonable persistence with hopeless claims and failure to heed judicial warnings, with the applicant to pay party and party costs and the applicant's solicitor personally liable for the difference between party and party costs and indemnity costs from 8 October 2001.

Parties
Applicant: Chiman Lal Vasram; Respondent: AMP Life Limited
Jurisdiction
Australia
Judgment Date
21 October 2002
Procedural Posture
Civil / Post Dismissal, Costs Determination
Outcome
Costs order made: applicant to pay respondent's costs on party and party basis; applicant's solicitor personally liable for difference between party and party costs and indemnity costs from 8 October 2001.
Legal Topics
Costs, Indemnity Costs, Party and Party Costs, Costs Order Against Solicitor
Civil Procedure Costs Indemnity Costs Party and Party Costs Costs Order Against Solicitor

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 5 Authorities cited 22 Party arguments 2
Sign in to unlock

Parties

Chiman Lal Vasram

Applicant

AMP Life Limited

Respondent

Procedural Posture

Civil / Post Dismissal, Costs Determination

Legal Issues

  1. 1 Whether indemnity costs should be awarded for the whole or part of the proceedings
  2. 2 Whether the applicant's solicitor should bear part of the award of indemnity costs
  3. 3 Circumstances in which appropriate to make costs order against applicant's solicitor

Ratio Decidendi

Indemnity costs should be awarded for part of the proceedings (since 8 October 2001) due to the applicant's and solicitor's unreasonable persistence with hopeless claims and failure to heed judicial warnings, with the applicant to pay party and party costs and the applicant's solicitor personally liable for the difference between party and party costs and indemnity costs from 8 October 2001.

Court Disposition

Costs order made: applicant to pay respondent's costs on party and party basis; applicant's solicitor personally liable for difference between party and party costs and indemnity costs from 8 October 2001.

Orders

  • Subject to previous costs orders, the applicant pay the respondent's costs in this proceeding assessed on a party and party basis.
  • The applicant's solicitor pay the difference between the respondent's costs from 8 October 2001 assessed on a party and party basis and the amount of those costs assessed on an indemnity basis.