RinRim Pty Ltd v Deutsche Bank AG (Costs) [2016] NSWSC 1510

RinRim Pty Ltd v Deutsche Bank AG (Costs) [2016] NSWSC 1510

The plaintiff’s continued pursuit of claims based on evidence that was found to be untruthful, particularly after full disclosure was completed by mid-July 2016, justified an order for indemnity costs from that time as the plaintiff must have known the claim was unsustainable.

Parties
Plaintiff: RinRim Pty Ltd; 1st Defendant: Deutsche Bank AG, Sydney Branch; 2nd Defendant: Credit Suisse (Australia) Limited; 3rd Defendant: CIMB Capital Markets (Australia) Limited; 4th Defendant: Primary Health Care Limited
Jurisdiction
Australia
Judgment Date
02 November 2016
Procedural Posture
Costs Application / Post Judgment
Outcome
Plaintiff to pay defendants' costs of the proceedings on an indemnity basis from 14 July 2016.
Legal Topics
Costs, Indemnity Costs, False Evidence
Equity Commercial Law Costs Indemnity Costs False Evidence

Case Brief

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Parties

RinRim Pty Ltd

Plaintiff

Deutsche Bank AG, Sydney Branch

1st Defendant

Credit Suisse (Australia) Limited

2nd Defendant

CIMB Capital Markets (Australia) Limited

3rd Defendant

Primary Health Care Limited

4th Defendant

Procedural Posture

Costs Application / Post Judgment

Legal Issues

  1. 1 Whether costs should be awarded on an indemnity basis due to plaintiff's director giving knowingly untrue evidence
  2. 2 Whether plaintiff knowingly proceeded with the case on a false basis

Ratio Decidendi

The plaintiff’s continued pursuit of claims based on evidence that was found to be untruthful, particularly after full disclosure was completed by mid-July 2016, justified an order for indemnity costs from that time as the plaintiff must have known the claim was unsustainable.

Court Disposition

Plaintiff to pay defendants' costs of the proceedings on an indemnity basis from 14 July 2016.

Orders

  • The plaintiff is to pay the defendants' costs of the proceedings. Those costs are to be paid on an indemnity basis from 14 July 2016.