Nyoni v Chee Koon Hee (No 3) [2013] FCA 726

Nyoni v Chee Koon Hee (No 3) [2013] FCA 726

Given the applicant's difficulty in retaining solicitors and lack of legal advice, it would be harsh to impose indemnity costs or require costs be paid forthwith; ordinary costs are appropriate.

Parties
Applicant: Emson Nyoni; Respondent: Chee Koon Hee; Respondent: Others (1st, 2nd, 7th Respondents); Respondent: Others (3rd, 4th, 5th Respondents); Respondent: 6th Respondent; Respondent: 8th Respondent; Respondent: Others (9th, 10th, 12th Respondents); Respondent: 11th Respondent
Jurisdiction
Australia
Judgment Date
24 July 2013
Procedural Posture
Interlocutory Application / Costs Determination Following Dismissal of Application
Outcome
The applicant is ordered to pay the costs of the respondents in relation to the interlocutory application dated 28 June 2013 to amend the originating application.
Legal Topics
Costs, Interlocutory Applications
Civil Procedure Costs Interlocutory Applications

Case Brief

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Parties

Emson Nyoni

Applicant

Chee Koon Hee

Respondent

Others (1st, 2nd, 7th Respondents)

Respondent

Others (3rd, 4th, 5th Respondents)

Respondent

6th Respondent

Respondent

8th Respondent

Respondent

Others (9th, 10th, 12th Respondents)

Respondent

11th Respondent

Respondent

Procedural Posture

Interlocutory Application / Costs Determination Following Dismissal of Application

Legal Issues

  1. 1 Whether costs should be awarded to respondents in relation to the dismissed interlocutory application
  2. 2 Whether indemnity costs or costs payable forthwith should be ordered

Ratio Decidendi

Given the applicant's difficulty in retaining solicitors and lack of legal advice, it would be harsh to impose indemnity costs or require costs be paid forthwith; ordinary costs are appropriate.

Court Disposition

The applicant is ordered to pay the costs of the respondents in relation to the interlocutory application dated 28 June 2013 to amend the originating application.

Orders

  • The applicant pay the costs of the first, second, seventh, third, fourth, fifth, sixth, eighth, ninth, tenth, twelfth, and eleventh respondents in relation to the interlocutory application dated 28 June 2013 to amend the originating application.