Clifton v Dunn (Costs) [2009] NSWDC 188

At the time of filing the Defence, the defendant had no proper basis to assert a defence of inevitable accident, making the defence so weak as to be futile and hopeless; thus, the defendant should pay indemnity costs regarding liability from the date of Defence filing until admission of liability.

Parties: Plaintiff: Corey Thomas Clifton; Defendant: Janice Dunn
Jurisdiction: Australia
Judgment Date: 11 June 2009
Procedural Posture: Civil / Costs Determination Following Liability Trial
Outcome: Application for indemnity costs granted in part
Legal Topics: Costs, Indemnity Costs, Inevitable Accident Defence, Motor Vehicle Accident

Civil Procedure Costs Indemnity Costs Inevitable Accident Defence Motor Vehicle Accident

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2

Parties

Corey Thomas Clifton

Plaintiff

Janice Dunn

Defendant

Procedural Posture

Civil / Costs Determination Following Liability Trial

Legal Issues

1 Whether the defendant should pay indemnity costs regarding the issue of liability
2 Whether the defence of inevitable accident was properly pleaded

Ratio Decidendi

Court Disposition

Application for indemnity costs granted in part

Orders

Defendant to pay the costs for which it is liable to the plaintiff, so far as the issue of liability is concerned, on an indemnity basis from the date of the filing of the Defence until the admission of liability.
Defendant to pay the costs of this application, on the ordinary basis.