Tanious v Australian Medical Council Limited and ; Australian Health Practitioner Regulation Agency (No 2) [2015] NSWSC 456

Tanious v Australian Medical Council Limited and ; Australian Health Practitioner Regulation Agency (No 2) [2015] NSWSC 456

The plaintiff, after being put on notice of the deficiencies in his case and being offered the opportunity to discontinue without costs, nevertheless proceeded with the action, which had no reasonable prospect of success and was ultimately dismissed. Therefore, costs are awarded against the plaintiff, with indemnity costs in favour of the second defendant.

Parties
Plaintiff: Mofeed Louis Tanious; First Defendant: Australian Medical Council Limited; Second Defendant: Australian Health Practitioner Regulation Agency
Jurisdiction
Australia
Judgment Date
22 April 2015
Procedural Posture
Civil Proceedings / Post Dismissal, Costs Determination
Outcome
Plaintiff ordered to pay costs: costs as agreed or assessed to the first defendant, indemnity costs to the second defendant.
Legal Topics
Costs, Indemnity Costs, Order for Costs, Self Represented Litigant
Civil Procedure Costs Indemnity Costs Order for Costs Self Represented Litigant

Case Brief

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Parties

Mofeed Louis Tanious

Plaintiff

Australian Medical Council Limited

First Defendant

Australian Health Practitioner Regulation Agency

Second Defendant

Procedural Posture

Civil Proceedings / Post Dismissal, Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded to defendants
  2. 2 Whether indemnity costs are appropriate for second defendant

Ratio Decidendi

The plaintiff, after being put on notice of the deficiencies in his case and being offered the opportunity to discontinue without costs, nevertheless proceeded with the action, which had no reasonable prospect of success and was ultimately dismissed. Therefore, costs are awarded against the plaintiff, with indemnity costs in favour of the second defendant.

Court Disposition

Plaintiff ordered to pay costs: costs as agreed or assessed to the first defendant, indemnity costs to the second defendant.

Orders

  • The plaintiff is to pay the costs of the proceedings of the first defendant as agreed or assessed.
  • The plaintiff is to pay the costs of the proceedings of the second defendant on an indemnity basis.