Coates v Harbour Radio Pty Ltd & Anor [2010] NSWSC 796

Coates v Harbour Radio Pty Ltd & Anor [2010] NSWSC 796

The plaintiff was personally liable to his solicitors for costs, supported by a written retainer and not negated by the indemnity arrangement with the AOC Inc. The indemnity principle is not breached where a successful litigant has an obligation to repay the indemnifier from monies received, including costs. Therefore, the plaintiff is entitled to enforce the costs order against the defendants.

Parties
Plaintiff: John Dowling Coates; 1st Defendant: Harbour Radio Pty Ltd; 2nd Defendant: Alan Jones
Jurisdiction
Australia
Judgment Date
20 July 2010
Procedural Posture
Notice of Motion / Post Judgment Application Regarding Costs Enforcement
Outcome
Defendants' notice of motion dismissed; defendants to pay plaintiff's costs.
Legal Topics
Costs, Indemnity Principle, Res Judicata, Interlocutory Process
Civil Procedure Costs Indemnity Principle Res Judicata Interlocutory Process

Case Brief

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Parties

John Dowling Coates

Plaintiff

Harbour Radio Pty Ltd

1st Defendant

Alan Jones

2nd Defendant

Procedural Posture

Notice of Motion / Post Judgment Application Regarding Costs Enforcement

Legal Issues

  1. 1 Whether the indemnity principle prevents the plaintiff from enforcing a costs order when the plaintiff's costs were paid by a third party (AOC Inc)
  2. 2 Whether the notice of motion constitutes a collateral attack on a final costs order and is res judicata
  3. 3 Whether the relief sought is appropriately brought by interlocutory process

Ratio Decidendi

The plaintiff was personally liable to his solicitors for costs, supported by a written retainer and not negated by the indemnity arrangement with the AOC Inc. The indemnity principle is not breached where a successful litigant has an obligation to repay the indemnifier from monies received, including costs. Therefore, the plaintiff is entitled to enforce the costs order against the defendants.

Court Disposition

Defendants' notice of motion dismissed; defendants to pay plaintiff's costs.

Orders

  • The defendants' notice of motion is dismissed.
  • The defendants are to pay the plaintiff's costs.