Boyle v Coppock & Anor; Ek v Coppock & Anor [2014] NSWDC 244

Boyle v Coppock & Anor; Ek v Coppock & Anor [2014] NSWDC 244

The defendants' strike-out motion was misconceived and not reasonably necessary for advancement of their case, instead likely to unnecessarily delay or complicate the determination of the claim, justifying an indemnity costs order under s 341 Legal Profession Act 2004.

Jurisdiction
Australia
Judgment Date
18 December 2014
Procedural Posture
Interlocutory Application / Costs Determination Following Dismissal of Defendants' Motion
Outcome
Defendants are to pay plaintiffs' costs of the dismissed motion; costs to be assessed on indemnity basis; liberty to apply for further orders.
Legal Topics
['indemnity Costs' 'strike Out Motion' 'calderbank Offers' 'assessment of Costs']
['civil Procedure' 'personal Injury Law' 'legal Costs'] ['indemnity Costs' 'strike Out Motion' 'calderbank Offers' 'assessment of Costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Costs Determination Following Dismissal of Defendants' Motion

Legal Issues

  1. 1 ["Whether the defendants' motion was not reasonably necessary for the advancement of defendants' interests or likely to unnecessarily delay or complicate determination of the claim" 'Whether indemnity costs should be ordered due to non-acceptance of Calderbank offers' 'Application of s 341 Legal Profession Act 2004']

Ratio Decidendi

The defendants' strike-out motion was misconceived and not reasonably necessary for advancement of their case, instead likely to unnecessarily delay or complicate the determination of the claim, justifying an indemnity costs order under s 341 Legal Profession Act 2004.

Court Disposition

Defendants are to pay plaintiffs' costs of the dismissed motion; costs to be assessed on indemnity basis; liberty to apply for further orders.

Orders

  • ["The defendants are to pay the costs of the plaintiffs of the defendants' motion filed on 19 September 2014 and which was dismissed on 3 October 2014." 'Pursuant to s 341 of the Legal Profession Act 2004 those costs are to be assessed on an indemnity basis, and the assessment of those costs may proceed forthwith.'...