Perpetual Trustee Company Limited v Stojcevski (No 2) [2014] NSWSC 1827

Perpetual Trustee Company Limited v Stojcevski (No 2) [2014] NSWSC 1827

Indemnity costs were appropriate because the cross-claim was untenable and statute-barred on the basis of Mr Stojcevski's own knowledge and admissions, together with undisputed facts, and because his conduct included dishonest evidence and false instructions to his solicitors.

Jurisdiction
Australia
Judgment Date
18 December 2014
Procedural Posture
Costs Application / After Publication of Principal Judgment; Application for Indemnity Costs and Gross Costs Order
Outcome
The cross-defendant obtained an indemnity costs order and a gross costs assessment order, with assessment stood over.
Legal Topics
['indemnity Costs' 'gross Costs Order' 'statute Barred Cross Claim' 'false Evidence and False Instructions']
['costs' 'civil Procedure'] ['indemnity Costs' 'gross Costs Order' 'statute Barred Cross Claim' 'false Evidence and False Instructions']

Case Brief

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Procedural Posture

Costs Application / After Publication of Principal Judgment; Application for Indemnity Costs and Gross Costs Order

Legal Issues

  1. 1 ['Whether the cross-defendant should have his costs paid on an indemnity basis for the whole proceedings or from 14 November 2014.' 'Whether costs should be assessed on the basis of a gross costs sum pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW).']

Ratio Decidendi

Indemnity costs were appropriate because the cross-claim was untenable and statute-barred on the basis of Mr Stojcevski's own knowledge and admissions, together with undisputed facts, and because his conduct included dishonest evidence and false instructions to his solicitors.

Court Disposition

The cross-defendant obtained an indemnity costs order and a gross costs assessment order, with assessment stood over.

Orders

  • ["The cross-claimant to pay the cross-defendant's costs of the proceedings on an indemnity basis." 'Order that costs be assessed on the basis of a gross costs sum pursuant to s 98(4)(c) of the Civil Procedure Act 2005 but that the assessment of those costs stand over to 3 February 2015 at 9.15 before me.']