Issa v Osman (No.4) [2017] NSWSC 1790

Issa v Osman (No.4) [2017] NSWSC 1790

The second defendant's defence was wholly without merit; therefore, indemnity costs are appropriate. The first defendant's position was more complex and not wholly without prospect of success, so costs are to be paid on an ordinary basis.

Jurisdiction
Australia
Judgment Date
24 November 2017
Procedural Posture
Motion for Variation of Costs Order / Post Judgment Orders
Outcome
Variation of costs order granted in part.
Legal Topics
['costs' 'indemnity Costs' 'contract Termination' 'sale of Land']
['civil Procedure'] ['costs' 'indemnity Costs' 'contract Termination' 'sale of Land']

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Procedural Posture

Motion for Variation of Costs Order / Post Judgment Orders

Legal Issues

  1. 1 ['whether the costs order should be varied to indemnity basis' 'whether defences and cross-claims were hopeless' "whether there was any prospect of success in defendants' claims"]

Ratio Decidendi

The second defendant's defence was wholly without merit; therefore, indemnity costs are appropriate. The first defendant's position was more complex and not wholly without prospect of success, so costs are to be paid on an ordinary basis.

Court Disposition

Variation of costs order granted in part.

Orders

  • ['Vacate Order 5 made by the Court on 8 June 2017.' 'Order that in lieu of that order, the first defendant is to pay the costs of the plaintiffs on the ordinary basis.' 'Order the second defendant to pay the costs of the plaintiffs on an indemnity basis.' 'Stand the balance of the Notice of Motion filed 21 June 2017...