Lissa v Browne (No. 2) [2009] NSWSC 1161

Lissa v Browne (No. 2) [2009] NSWSC 1161

There was no relevant delinquency or unreasonable conduct by Mr Lissa in relation to the late abandonment of appeal against Mr Browne, and no timely warning was given by Mr Browne or his legal advisors; thus, the application for indemnity costs was refused.

Jurisdiction
Australia
Judgment Date
04 November 2009
Procedural Posture
Civil / Post Appeal, Costs Application
Outcome
Application for indemnity costs refused; first Defendant to pay Plaintiff's costs of application.
Legal Topics
['indemnity Costs' 'abandonment of Appeal' 'conduct of Appeal']
['procedure' 'costs'] ['indemnity Costs' 'abandonment of Appeal' 'conduct of Appeal']

Case Brief

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Procedural Posture

Civil / Post Appeal, Costs Application

Legal Issues

  1. 1 ['Whether the first Defendant is entitled to indemnity costs due to late abandonment of appeal and conduct of the appellant.']

Ratio Decidendi

There was no relevant delinquency or unreasonable conduct by Mr Lissa in relation to the late abandonment of appeal against Mr Browne, and no timely warning was given by Mr Browne or his legal advisors; thus, the application for indemnity costs was refused.

Court Disposition

Application for indemnity costs refused; first Defendant to pay Plaintiff's costs of application.

Orders

  • ['The application for indemnity costs is refused.' "The first Defendant must pay the Plaintiff's costs of that application."]