Kaji Australia Pty Ltd v Glover (No. 5) [2020] NSWSC 1576

Kaji Australia Pty Ltd v Glover (No. 5) [2020] NSWSC 1576

Personal costs orders against the defendant/cross-claimant’s solicitor were justified because the pleaded claims of fraud and conspiracy lacked reasonable prospects of success, were not supported by provable facts, and were prosecuted in breach of professional and ethical standards. Costs in the principal proceedings and on the fraud/conspiracy cross-claim were properly borne by the unsuccessful party (defendant/cross-claimant), excluding costs arising from unnecessary District Court proceedings and related applications. The self-represented fifth cross-defendant was entitled to out-of-pocket expenses as disbursements. Apportionment was appropriate where claims lacking reasonable...

Jurisdiction
Australia
Judgment Date
12 November 2020
Procedural Posture
Costs Party/party / Post Judgment, Costs Determination
Outcome
Orders made as to costs, including party/party and personal indemnity orders against solicitor; applicant’s motions largely dismissed or granted as specified; orders for litigant in person’s out-of-pocket expenses and for apportionment of indemnity costs.
Legal Topics
['party/party Costs' 'indemnity Costs' 'wasted Costs Orders Against Solicitors' 'self Represented Litigant Costs' 'fraud and Conspiracy Allegations' 'costs Apportionment']
['costs'] ['party/party Costs' 'indemnity Costs' 'wasted Costs Orders Against Solicitors' 'self Represented Litigant Costs' 'fraud and Conspiracy Allegations' 'costs Apportionment']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Party/party / Post Judgment, Costs Determination

Legal Issues

  1. 1 ['Whether costs should follow the event between plaintiffs and defendant/cross-claimant excluding unnecessary/wasted costs' "Whether cross-defendant's solicitor (Mr Muriniti) should personally indemnify certain parties for costs due to claims run without reasonable prospects of success" 'Whether a litigant in person (fifth cross-defendant) may recover out-of-pocket costs' 'Whether costs arising from separate District Court proceedings should be excluded']

Ratio Decidendi

Personal costs orders against the defendant/cross-claimant’s solicitor were justified because the pleaded claims of fraud and conspiracy lacked reasonable prospects of success, were not supported by provable facts, and were prosecuted in breach of professional and ethical standards. Costs in the principal proceedings and on the fraud/conspiracy cross-claim were properly borne by the unsuccessful party (defendant/cross-claimant), excluding costs arising from unnecessary District Court proceedings and related applications. The self-represented fifth cross-defendant was entitled to out-of-pocket expenses as disbursements. Apportionment was appropriate where claims lacking reasonable...

Court Disposition

Orders made as to costs, including party/party and personal indemnity orders against solicitor; applicant’s motions largely dismissed or granted as specified; orders for litigant in person’s out-of-pocket expenses and for apportionment of indemnity costs.

Orders

  • ["Defendant/cross-claimant to pay plaintiffs' costs of proceedings including costs of cross-claim, but excluding costs related to District Court proceedings and the setting aside of the judgment for possession in this Court." "Defendant/cross-claimant to pay plaintiffs' costs of the defendant/cross-claimant's notice...