Edgetec International Pty Ltd v Zippykerb (NSW) Pty Ltd (No 2) [2012] FCA 354

Edgetec International Pty Ltd v Zippykerb (NSW) Pty Ltd (No 2) [2012] FCA 354

The respondents’ conduct and defence were not so unreasonable, groundless, or hopeless as to justify a higher level of compensation in costs; no evidence was presented of significant additional costs attributable to respondents’ conduct; therefore, only ordinary party and party costs were awarded.

Jurisdiction
Australia
Judgment Date
05 April 2012
Procedural Posture
Costs Application / Post Judgment
Outcome
The respondents are ordered to pay the applicant’s costs of the proceedings.
Legal Topics
['costs' 'indemnity Costs' 'discretion of Court']
['civil Procedure'] ['costs' 'indemnity Costs' 'discretion of Court']

Case Brief

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Procedural Posture

Costs Application / Post Judgment

Legal Issues

  1. 1 ['Whether circumstances justify an indemnity costs order against respondents' 'Whether respondents’ conduct or defence was unreasonable or improper']

Ratio Decidendi

The respondents’ conduct and defence were not so unreasonable, groundless, or hopeless as to justify a higher level of compensation in costs; no evidence was presented of significant additional costs attributable to respondents’ conduct; therefore, only ordinary party and party costs were awarded.

Court Disposition

The respondents are ordered to pay the applicant’s costs of the proceedings.

Orders

  • ["The respondents pay the applicant's costs of these proceedings."]