Winspear v Mackinnon [2008] FCA 322

Winspear v Mackinnon [2008] FCA 322

The plaintiff is entitled to indemnity costs for the hearing on 28 November 2007 because the defendants persisted in a hopeless case after the conclusion of evidence, and such costs should be paid by the first defendant, who was the principal decision-maker.

Jurisdiction
Australia
Judgment Date
11 March 2008
Procedural Posture
Civil / Post Judgment (costs Orders)
Outcome
Costs awarded; application partly adjourned.
Legal Topics
['costs' 'indemnity Costs' 'party Party Costs' 'costs Orders']
['civil Procedure'] ['costs' 'indemnity Costs' 'party Party Costs' 'costs Orders']

Case Brief

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Procedural Posture

Civil / Post Judgment (costs Orders)

Legal Issues

  1. 1 ["Whether the plaintiff's costs should be awarded on an indemnity basis" "Which defendant(s) should be liable for the plaintiff's costs" 'Appropriate basis for assessment of costs']

Ratio Decidendi

The plaintiff is entitled to indemnity costs for the hearing on 28 November 2007 because the defendants persisted in a hopeless case after the conclusion of evidence, and such costs should be paid by the first defendant, who was the principal decision-maker.

Court Disposition

Costs awarded; application partly adjourned.

Orders

  • ["The first defendant pay the plaintiff's costs of and related to the hearing on 28 November 2007, such costs being assessed on an indemnity basis." "The first defendant otherwise pay the plaintiff's costs to be assessed on a party-party basis." "No order as to the costs of today's hearing." "Plaintiff's application...