InterTAN Inc v DSE (Holdings) Pty Limited [2005] FCAFC 54
The appeal is dismissed because the judge's reasoning for awarding indemnity costs was justified by the appellants' conduct both in dealings and litigation, which lacked honest commercial common sense and involved running a hopeless defence. The judge did not act on a mistaken view of the facts; Mr Gingerich's...
Source-derived case information.
- Parties
- Appellant: InterTAN Inc; Appellant: InterTAN Canada Limited; Respondent: DSE (Holdings) Pty Limited
- Jurisdiction
- Australia
- Judgment Date
- 29 April 2005
- Procedural Posture
- Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Costs, Indemnity Costs, Appeal, Commercial Litigation
Source-derived case record
Summary, issues, holding and outcome
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Parties
InterTAN Inc
Appellant
InterTAN Canada Limited
Appellant
DSE (Holdings) Pty Limited
Respondent
Procedural Posture
Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the judge's order for indemnity costs was warranted in this case
- 2 Whether the judge acted on a mistaken view of the facts when imposing the indemnity costs order
Ratio Decidendi
The appeal is dismissed because the judge's reasoning for awarding indemnity costs was justified by the appellants' conduct both in dealings and litigation, which lacked honest commercial common sense and involved running a hopeless defence. The judge did not act on a mistaken view of the facts; Mr Gingerich's evidence was directly relevant to the core issues, and earlier disclosure would have materially affected the proceedings.
Court Disposition
appeal dismissed
Orders
- The appeal be dismissed.
- The appellants pay the respondent's costs of the appeal.
Full Case Text
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