Von Arnim v Health Insurance Commission (No 2) [2003] FCA 1023

Von Arnim v Health Insurance Commission (No 2) [2003] FCA 1023

It is appropriate to award solicitor and client costs for the preparation of affidavits addressing allegations that were abandoned, as there is an inference the applicant had no honest belief in the genuineness of the claim.

Parties
Applicant: Dr Ulrich Christoph Eberhard Freiherr von Arnim; First Respondent: The Health Insurance Commission; Second Respondent: Robert Milici; Third Respondent: Anne Jeanette Maughan
Jurisdiction
Australia
Judgment Date
24 September 2003
Procedural Posture
Practice and Procedure – Costs / Post Hearing Order
Outcome
Supplementary order for solicitor and client costs granted in respect of specified affidavits; orders regarding property custody and deposition.
Legal Topics
Costs, Solicitor and Client Costs, Abandoned Claims
Practice and Procedure Costs Solicitor and Client Costs Abandoned Claims

Case Brief

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Parties

Dr Ulrich Christoph Eberhard Freiherr von Arnim

Applicant

The Health Insurance Commission

First Respondent

Robert Milici

Second Respondent

Anne Jeanette Maughan

Third Respondent

Procedural Posture

Practice and Procedure – Costs / Post Hearing Order

Legal Issues

  1. 1 Whether respondents should receive solicitor and client costs for preparation of affidavits to answer a claim subsequently abandoned

Ratio Decidendi

It is appropriate to award solicitor and client costs for the preparation of affidavits addressing allegations that were abandoned, as there is an inference the applicant had no honest belief in the genuineness of the claim.

Court Disposition

Supplementary order for solicitor and client costs granted in respect of specified affidavits; orders regarding property custody and deposition.

Orders

  • Respondents’ costs of preparation of five affidavits referred to in the reasons for judgment will be on solicitor and client basis.
  • First and second respondents entitled to reclaim specified property from Magistrates Court of Victoria and deposit it with officer in charge of property room of the first respondent, pending further order or agreement.