Comeskey v NSW Bar Association (No 2) [2015] NSWSC 1227

Comeskey v NSW Bar Association (No 2) [2015] NSWSC 1227

Costs should follow the event, and there are insufficient grounds to depart from the usual order so as to award indemnity costs; the plaintiff is to pay the defendant's costs on a party and party basis.

Parties
Plaintiff: Christopher Patrick Comeskey; Defendant: NSW Bar Association
Jurisdiction
Australia
Judgment Date
27 August 2015
Procedural Posture
Appeal / Costs Determination After Unsuccessful Appeal
Outcome
Plaintiff to pay defendant's costs on a party and party basis.
Legal Topics
Indemnity Costs, Party and Party Costs, Costs Following the Event
Costs Indemnity Costs Party and Party Costs Costs Following the Event

Case Brief

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Parties

Christopher Patrick Comeskey

Plaintiff

NSW Bar Association

Defendant

Procedural Posture

Appeal / Costs Determination After Unsuccessful Appeal

Legal Issues

  1. 1 Whether costs should be awarded against the plaintiff after unsuccessful appeal
  2. 2 Whether such costs should be on an indemnity basis

Ratio Decidendi

Costs should follow the event, and there are insufficient grounds to depart from the usual order so as to award indemnity costs; the plaintiff is to pay the defendant's costs on a party and party basis.

Court Disposition

Plaintiff to pay defendant's costs on a party and party basis.

Orders

  • Plaintiff to pay defendant's costs of the appeal on a party and party basis.