In the matter of Ikon Group Ltd (No 3) [2015] NSWSC 982

In the matter of Ikon Group Ltd (No 3) [2015] NSWSC 982

The application for indemnity costs should be refused as indemnity costs are reserved for cases of wanton or reckless conduct, which was not present. There is no presumption in favour of indemnity costs merely because a stay has been granted for arbitration.

Jurisdiction
Australia
Judgment Date
25 May 2015
Procedural Posture
Costs Application Following Stay for Arbitration / Application for Assessment of Costs and Indemnity Costs
Outcome
Application for indemnity costs dismissed; liberty to proceed to assessment of costs granted to first and second defendants.
Legal Topics
['costs' 'arbitration' 'stay of Proceedings']
['civil Procedure'] ['costs' 'arbitration' 'stay of Proceedings']

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

Costs Application Following Stay for Arbitration / Application for Assessment of Costs and Indemnity Costs

Legal Issues

  1. 1 ['Whether costs should be payable on an indemnity basis after a stay of proceedings for arbitration' 'Applicable principles for awarding indemnity costs in the context of a stay for arbitration']

Ratio Decidendi

The application for indemnity costs should be refused as indemnity costs are reserved for cases of wanton or reckless conduct, which was not present. There is no presumption in favour of indemnity costs merely because a stay has been granted for arbitration.

Court Disposition

Application for indemnity costs dismissed; liberty to proceed to assessment of costs granted to first and second defendants.

Orders

  • ['First and second defendants have liberty to proceed forthwith to assessment of the costs referred to in order 2 of 25 May 2015.']