Redowood v Goldstein Technology [2004] NSWSC 515

Redowood v Goldstein Technology [2004] NSWSC 515

The plaintiff's claim against the solicitor was reckless and unsupported by adequate evidence, falling within the category of allegations that ought never to have been made, and unduly prolonged proceedings, justifying an order for indemnity costs.

Parties
Plaintiff: Redowood Pty Ltd; Defendant: Goldstein Technology Pty Ltd
Jurisdiction
Australia
Judgment Date
15 June 2004
Procedural Posture
Application for Costs Order (interlocutory) / Costs Determination Following Withdrawal of Application
Outcome
Plaintiff to pay solicitor's costs on indemnity basis
Legal Topics
Costs, Indemnity Costs, Personal Costs Orders for Solicitors, Winding Up Proceedings
Equity Practice and Procedure Costs Indemnity Costs Personal Costs Orders for Solicitors Winding Up Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Redowood Pty Ltd

Plaintiff

Goldstein Technology Pty Ltd

Defendant

Procedural Posture

Application for Costs Order (interlocutory) / Costs Determination Following Withdrawal of Application

Legal Issues

  1. 1 Whether the plaintiff should pay the solicitor's costs on an indemnity basis after withdrawing an application that the solicitor pay its costs personally
  2. 2 Whether the allegations against the solicitor warranted indemnity costs

Ratio Decidendi

The plaintiff's claim against the solicitor was reckless and unsupported by adequate evidence, falling within the category of allegations that ought never to have been made, and unduly prolonged proceedings, justifying an order for indemnity costs.

Court Disposition

Plaintiff to pay solicitor's costs on indemnity basis

Orders

  • Plaintiff to pay the Solicitor's (defendant's solicitor's) costs of the application against him on the indemnity basis.
  • Previous order for party/party costs vacated and replaced with indemnity costs order.