Bendigo and Adelaide Bank Limited v Zipevski (No 2) [2018] NSWDC 101

Bendigo and Adelaide Bank Limited v Zipevski (No 2) [2018] NSWDC 101

Given the contractual clauses in both loan agreements that entitle the lender to indemnity costs on enforcement, and the absence of discretionary countervailing factors, indemnity costs are appropriate.

Jurisdiction
Australia
Judgment Date
29 March 2018
Procedural Posture
Civil / Post Trial Application for Final Orders and Costs
Outcome
Judgment for first plaintiff; indemnity costs ordered against defendant.
Legal Topics
['indemnity Costs' 'contractual Right to Costs' 'enforcement of Loan Agreements']
['civil Procedure'] ['indemnity Costs' 'contractual Right to Costs' 'enforcement of Loan Agreements']

Case Brief

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Procedural Posture

Civil / Post Trial Application for Final Orders and Costs

Legal Issues

  1. 1 ['Whether plaintiffs are entitled to indemnity costs pursuant to contractual provisions in loan agreements' 'Whether the court should exercise its discretion to award indemnity costs under s 98(1) of the Civil Procedure Act 2005 (NSW)']

Ratio Decidendi

Given the contractual clauses in both loan agreements that entitle the lender to indemnity costs on enforcement, and the absence of discretionary countervailing factors, indemnity costs are appropriate.

Court Disposition

Judgment for first plaintiff; indemnity costs ordered against defendant.

Orders

  • ['Judgment for the first plaintiff against the defendant in the amount of $616,600.40 inclusive of pre-judgment interest to 29 March 2018.' "Vary order 4 of the orders made on 20 March 2018 to an order that the defendant pays the plaintiffs' costs of the proceedings on an indemnity basis."]