Timmer, Pieter Jacobus v Codelco Australia Pty Ltd & Anor [1998] FCA 1740

Timmer, Pieter Jacobus v Codelco Australia Pty Ltd & Anor [1998] FCA 1740

The application was commenced and maintained to pressurise and embarrass the second respondent in relation to concurrent Family Court proceedings, constituting an unworthy purpose justifying indemnity costs against the applicant.

Parties
Applicant: Pieter Jacobus Timmer; First Respondent: Codelco Australia Pty Ltd; Second Respondent: Cheryl Timmer
Jurisdiction
Australia
Judgment Date
29 September 1998
Procedural Posture
Costs Application Following Withdrawal of Proceedings for Appointment of Receiver / Post Withdrawal, Determination of Costs
Outcome
Application withdrawn; costs awarded to second respondent on a full indemnity basis
Legal Topics
Indemnity Costs, Costs Following Withdrawal of Proceedings, Abuse of Process
Civil Procedure Indemnity Costs Costs Following Withdrawal of Proceedings Abuse of Process

Case Brief

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Parties

Pieter Jacobus Timmer

Applicant

Codelco Australia Pty Ltd

First Respondent

Cheryl Timmer

Second Respondent

Procedural Posture

Costs Application Following Withdrawal of Proceedings for Appointment of Receiver / Post Withdrawal, Determination of Costs

Legal Issues

  1. 1 Whether indemnity costs should be awarded against the applicant after withdrawal of proceedings commenced for ulterior purposes

Ratio Decidendi

The application was commenced and maintained to pressurise and embarrass the second respondent in relation to concurrent Family Court proceedings, constituting an unworthy purpose justifying indemnity costs against the applicant.

Court Disposition

Application withdrawn; costs awarded to second respondent on a full indemnity basis

Orders

  • The applicant pay the costs of the second respondent of and incidental to these proceedings and those commenced in the Supreme Court of New South Wales, including any reserved costs, on a full indemnity or solicitor and client basis, as assessed or taxed.