McGuire v Amaca Pty Limited and Seltsam Pty Limited [2005] NSWDDT 19

McGuire v Amaca Pty Limited and Seltsam Pty Limited [2005] NSWDDT 19

The defendants should pay the plaintiff's costs generally and the costs thrown away by the adjournment on 17 February 2005, as the adjournment was occasioned by the defendants' conduct, but the circumstances did not warrant departure from the usual rule to justify an order for indemnity costs.

Parties
Plaintiff: Neil Thomas McGuire; First Defendant: Amaca Pty Limited; Second Defendant: Seltsam Pty Limited
Jurisdiction
Australia
Judgment Date
06 June 2005
Procedural Posture
Civil / Post Settlement Costs Application
Outcome
Application for indemnity costs refused; Costs thrown away by adjournment and general costs ordered against defendants; No order as to costs of the present application.
Legal Topics
Costs, Adjournment, Indemnity Costs, Personal Injury, Asbestos Claims
Tort Civil Procedure Costs Adjournment Indemnity Costs Personal Injury Asbestos Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Neil Thomas McGuire

Plaintiff

Amaca Pty Limited

First Defendant

Seltsam Pty Limited

Second Defendant

Procedural Posture

Civil / Post Settlement Costs Application

Legal Issues

  1. 1 Whether the defendants should pay costs thrown away by the adjournment on 17 February 2005
  2. 2 Whether indemnity costs should be ordered from the date of the Calderbank offer

Ratio Decidendi

The defendants should pay the plaintiff's costs generally and the costs thrown away by the adjournment on 17 February 2005, as the adjournment was occasioned by the defendants' conduct, but the circumstances did not warrant departure from the usual rule to justify an order for indemnity costs.

Court Disposition

Application for indemnity costs refused; Costs thrown away by adjournment and general costs ordered against defendants; No order as to costs of the present application.

Orders

  • Defendants to pay plaintiff's costs of the proceedings.
  • Defendants to pay plaintiff's costs thrown away by the adjournment of proceedings on 17 February 2005.