Redman v Verticon Group Limited (No 3) [2009] NSWDC 55

Redman v Verticon Group Limited (No 3) [2009] NSWDC 55

The defendant's conduct in the proceedings amounted to relevant delinquency because it maintained a justification for summary dismissal through evidence, primarily from Mr Hipwell, that the Court found unacceptable, not in accordance with the facts, and involving fabrication to some extent and substantial embellishment. That conduct justified departing from the ordinary party and party costs rule and ordering indemnity costs for the whole action.

Jurisdiction
Australia
Judgment Date
08 April 2009
Procedural Posture
Civil Costs Application / Post Judgment Application for Indemnity Costs
Outcome
The plaintiff's application for indemnity costs was granted.
Legal Topics
['indemnity Costs' 'calderbank Offers' 'litigation Misconduct' 'summary Dismissal']
['civil Procedure' 'costs'] ['indemnity Costs' 'calderbank Offers' 'litigation Misconduct' 'summary Dismissal']

Case Brief

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Procedural Posture

Civil Costs Application / Post Judgment Application for Indemnity Costs

Legal Issues

  1. 1 ["Whether the defendant should pay the plaintiff's costs on an indemnity basis for the whole proceeding." "Whether indemnity costs should alternatively run from the expiry of the plaintiff's May 2008 offer." "Whether indemnity costs should alternatively run from the plaintiff's Calderbank offer made on 6 March 2009."]

Ratio Decidendi

The defendant's conduct in the proceedings amounted to relevant delinquency because it maintained a justification for summary dismissal through evidence, primarily from Mr Hipwell, that the Court found unacceptable, not in accordance with the facts, and involving fabrication to some extent and substantial embellishment. That conduct justified departing from the ordinary party and party costs rule and ordering indemnity costs for the whole action.

Court Disposition

The plaintiff's application for indemnity costs was granted.

Orders

  • ["The defendant pay the plaintiff's costs on an indemnity basis."]