Piscopo v NOT Lawyers [2008] FCA 1907

Piscopo v NOT Lawyers [2008] FCA 1907

Indemnity costs are justified from 5 December 2008 because the proceedings could and should have been resolved on the basis offered by the respondents before that date.

Jurisdiction
Australia
Judgment Date
11 December 2008
Procedural Posture
Proceedings / Final Judgment/order
Outcome
Proceedings dismissed; costs awarded.
Legal Topics
['costs' 'undertakings' 'dismissal of Proceedings']
['civil Procedure'] ['costs' 'undertakings' 'dismissal of Proceedings']

Case Brief

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Procedural Posture

Proceedings / Final Judgment/order

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded against the applicant' 'Whether the undertakings offered constitute a satisfactory solution to the dispute']

Ratio Decidendi

Indemnity costs are justified from 5 December 2008 because the proceedings could and should have been resolved on the basis offered by the respondents before that date.

Court Disposition

Proceedings dismissed; costs awarded.

Orders

  • ['Proceedings otherwise be dismissed.' "Applicant to pay respondents' costs of and incidental to the proceedings (as taxed or agreed) on a party/party basis up to and including 4 December 2008 and on an indemnity basis from 5 December 2008." "Upon Ms Jacki Lynn Cole's undertakings as described in the judgment."...