DEF v Trappett (No 2) [2016] NSWSC 1843

DEF v Trappett (No 2) [2016] NSWSC 1843

The third and fifth defendants were successful and entitled to their costs, and the plaintiff's resistance would require the Court to conduct the very inquiry it had held it lacked jurisdiction to undertake. Indemnity costs were refused because the jurisdictional issues were complex and unsettled and the proceedings concerned interests of vital importance to the plaintiff.

Jurisdiction
Australia
Judgment Date
16 December 2016
Procedural Posture
Costs / Determination of Costs After Dismissal of the Proceedings
Outcome
The plaintiff was ordered to pay the third and fifth defendants' costs of the proceedings on the ordinary basis; no indemnity costs order was made.
Legal Topics
['costs Following the Event' 'ordinary Costs' 'indemnity Costs' 'without Prejudice Except as to Costs Offer' 'jurisdiction']
['costs' 'civil Procedure'] ['costs Following the Event' 'ordinary Costs' 'indemnity Costs' 'without Prejudice Except as to Costs Offer' 'jurisdiction']

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Procedural Posture

Costs / Determination of Costs After Dismissal of the Proceedings

Legal Issues

  1. 1 ['Whether any costs order should be made in favour of the third and fifth defendants after dismissal of the proceedings.' "Whether the third and fifth defendants' costs should be ordered on an indemnity basis from 3 July 2015 following rejection of a without prejudice except as to costs offer."]

Ratio Decidendi

The third and fifth defendants were successful and entitled to their costs, and the plaintiff's resistance would require the Court to conduct the very inquiry it had held it lacked jurisdiction to undertake. Indemnity costs were refused because the jurisdictional issues were complex and unsettled and the proceedings concerned interests of vital importance to the plaintiff.

Court Disposition

The plaintiff was ordered to pay the third and fifth defendants' costs of the proceedings on the ordinary basis; no indemnity costs order was made.

Orders

  • ["The plaintiff pay the third and fifth defendants' costs of the proceedings." 'There be no order as to the costs of the first, second and fourth defendants.' 'The order for costs is stayed until 5:00pm on 14 February 2017.']