Singh v Singh (No 3) [2004] NSWSC 866

Singh v Singh (No 3) [2004] NSWSC 866

The plaintiff was not entitled to a further costs order because the defendants' unsuccessful subsequent claims concerning indemnity costs and an alleged undertaking as to damages were not separate costs events, but minor issues in the overall proceedings, in which the defendants were overwhelmingly successful under the existing costs order.

Jurisdiction
Australia
Judgment Date
20 September 2004
Procedural Posture
Costs Application / After Dismissal of the Plaintiff's Summons and After Dismissal of the Defendants' Subsequent Application for Indemnity Costs and Claim Concerning an Alleged Undertaking as to Damages
Outcome
No further order as to costs.
Legal Topics
['indemnity Costs' 'undertaking as to Damages' 'costs in the Cause' 'separate Event for Costs Purposes']
['costs' 'civil Procedure'] ['indemnity Costs' 'undertaking as to Damages' 'costs in the Cause' 'separate Event for Costs Purposes']

Case Brief

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Procedural Posture

Costs Application / After Dismissal of the Plaintiff's Summons and After Dismissal of the Defendants' Subsequent Application for Indemnity Costs and Claim Concerning an Alleged Undertaking as to Damages

Legal Issues

  1. 1 ["Whether the plaintiff should have a costs order for the parts of the proceedings concerning the defendants' unsuccessful application for indemnity costs and claim concerning an alleged undertaking as to damages." 'Whether those subsequent questions were a separate event for costs purposes under Part 52A rule 11 or merely minor issues in the proceedings as a whole.']

Ratio Decidendi

The plaintiff was not entitled to a further costs order because the defendants' unsuccessful subsequent claims concerning indemnity costs and an alleged undertaking as to damages were not separate costs events, but minor issues in the overall proceedings, in which the defendants were overwhelmingly successful under the existing costs order.

Court Disposition

No further order as to costs.

Orders

  • ["The order that the plaintiff pay the defendants' costs of the proceedings on the party and party basis is confirmed." 'There is no further costs order.']