Photi v Target Australia Pty Ltd (No. 3) [2008] NSWDC 14

Photi v Target Australia Pty Ltd (No. 3) [2008] NSWDC 14

The cumulative effect of the defendant's conduct, namely late amendment of pleadings, abandonment of defences without notice, delay in providing submissions, and causing multiple adjournments, warranted an order that the defendant pay the plaintiff's costs on an indemnity basis for the relevant hearing and directions dates.

Parties
Plaintiff: Julia Photi; Defendant: Target Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
22 February 2008
Procedural Posture
Civil / Post Judgment Costs Application
Outcome
Costs ordered on indemnity basis against defendant for specified hearing and directions dates.
Legal Topics
Defamation, Costs, Assault, Wrongful Arrest, False Imprisonment, Indemnity Costs, Amendment of Pleadings
Tort Civil Procedure Defamation Costs Assault Wrongful Arrest False Imprisonment Indemnity Costs +1 more

Case Brief

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Parties

Julia Photi

Plaintiff

Target Australia Pty Ltd

Defendant

Procedural Posture

Civil / Post Judgment Costs Application

Legal Issues

  1. 1 Whether the defendant's conduct warranted an order for indemnity costs for the plaintiff
  2. 2 Whether indemnity costs should apply to all causes of action or be limited to defamation
  3. 3 Interpretation and application of s.48A Defamation Act 1974 (NSW) and s.98 Civil Procedure Act 2005 (NSW)

Ratio Decidendi

The cumulative effect of the defendant's conduct, namely late amendment of pleadings, abandonment of defences without notice, delay in providing submissions, and causing multiple adjournments, warranted an order that the defendant pay the plaintiff's costs on an indemnity basis for the relevant hearing and directions dates.

Court Disposition

Costs ordered on indemnity basis against defendant for specified hearing and directions dates.

Orders

  • The defendant is to pay the plaintiff's costs for the hearing on 25-27 June and subsequent directions dates 9 August, 24 August, 18 September, 4 October, 9 November, 23 November, 11 December 2007 and 15 February 2008 on an indemnity basis.
  • Exhibits retained for 28 days.