Maurice Tarabay v Fifty Property Investments Pty Ltd [2009] NSWSC 951

Maurice Tarabay v Fifty Property Investments Pty Ltd [2009] NSWSC 951

Indemnity costs are to be awarded against the plaintiff from 15 April 2009 with respect to the first and second claims because these claims were found to be hopeless and without real prospects of success; however, costs relating to offers lacking real compromise were not a basis for indemnity costs. The third claim was difficult but not hopeless, so only ordinary costs are awarded for it. Interest is payable on all costs from the date they were paid.

Jurisdiction
Australia
Judgment Date
25 September 2009
Procedural Posture
Application for Costs Following Judgment in Civil Proceedings / Post Judgment; Application for Costs
Outcome
Plaintiff to pay defendants' costs on the indemnity basis from 15 April 2009 for all issues in the proceedings except costs relating to Maria for the third claim and defendants' costs of the application for indemnity costs (except an appearance on 3 September 2009, for which defendants pay plaintiff's costs); those...
Legal Topics
['costs' 'indemnity Costs' 'offers of Compromise' 'unconscionable Conduct' 'interference With Contractual Relations' 'interest on Costs']
['civil Procedure'] ['costs' 'indemnity Costs' 'offers of Compromise' 'unconscionable Conduct' 'interference With Contractual Relations' 'interest on Costs']

Case Brief

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Procedural Posture

Application for Costs Following Judgment in Civil Proceedings / Post Judgment; Application for Costs

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded to the defendants, or only costs on the ordinary basis' 'Whether rejection of offers of compromise made by defendants warranted indemnity costs' "Whether the plaintiff's claims were so lacking in merit so as to justify indemnity costs" 'Whether interest should be awarded on costs']

Ratio Decidendi

Indemnity costs are to be awarded against the plaintiff from 15 April 2009 with respect to the first and second claims because these claims were found to be hopeless and without real prospects of success; however, costs relating to offers lacking real compromise were not a basis for indemnity costs. The third claim was difficult but not hopeless, so only ordinary costs are awarded for it. Interest is payable on all costs from the date they were paid.

Court Disposition

Plaintiff to pay defendants' costs on the indemnity basis from 15 April 2009 for all issues in the proceedings except costs relating to Maria for the third claim and defendants' costs of the application for indemnity costs (except an appearance on 3 September 2009, for which defendants pay plaintiff's costs); those...

Orders

  • ["Defendants to pay plaintiff's costs of the appearance before lunch on 3 September 2009." "Plaintiff to pay, on the indemnity basis from 15 April 2009, defendants' costs of all issues in the proceedings, except costs of Maria relating to the third claim and defendants' costs of the application for indemnity costs...