Nitopi, Cristina v Nitopi, Giuseppe [2018] NSWSC 609

Nitopi, Cristina v Nitopi, Giuseppe [2018] NSWSC 609

The application for indemnity costs was refused as the evidence did not establish that the plaintiff abused the processes of the Court or acted with relevant delinquency; ordinary costs were deemed appropriate.

Parties
Plaintiff: Cristina Pirrello Nitopi; Defendant: Giuseppe Nitopi
Jurisdiction
Australia
Judgment Date
07 May 2018
Procedural Posture
Civil / Post Dismissal Costs Application
Outcome
Application for costs on indemnity basis refused.
Legal Topics
Indemnity Costs, Court's Discretion, Functus Officio, Delay in Proceedings
Costs Indemnity Costs Court's Discretion Functus Officio Delay in Proceedings

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 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Cristina Pirrello Nitopi

Plaintiff

Giuseppe Nitopi

Defendant

Procedural Posture

Civil / Post Dismissal Costs Application

Legal Issues

  1. 1 Whether indemnity costs should be awarded against the plaintiff
  2. 2 Whether the Court was functus officio after making the costs order
  3. 3 Whether plaintiff's conduct amounted to relevant delinquency justifying indemnity costs

Ratio Decidendi

The application for indemnity costs was refused as the evidence did not establish that the plaintiff abused the processes of the Court or acted with relevant delinquency; ordinary costs were deemed appropriate.

Court Disposition

Application for costs on indemnity basis refused.

Orders

  • Defendant's application that the plaintiff pay his costs on an indemnity basis is refused.