Bassal v Savills (NSW) Pty Ltd [2016] NSWSC 1398

Bassal v Savills (NSW) Pty Ltd [2016] NSWSC 1398

Due to unreasonable and repeated non-compliance with court orders by the plaintiffs and failure to provide adequate explanations for delay, the plaintiffs should pay the defendant's costs on an indemnity basis for specified appearances. However, circumstances did not warrant those costs being payable forthwith or a general order in respect of costs incurred by late service of evidence.

Jurisdiction
Australia
Judgment Date
04 October 2016
Procedural Posture
Procedural Application (costs) / Costs Ruling (interlocutory)
Outcome
Application for indemnity costs largely allowed; costs orders made.
Legal Topics
['costs—indemnity Costs' 'delay in Proceedings' 'compliance With Court Orders']
['civil Procedure'] ['costs—indemnity Costs' 'delay in Proceedings' 'compliance With Court Orders']

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Procedural Posture

Procedural Application (costs) / Costs Ruling (interlocutory)

Legal Issues

  1. 1 ["Whether the plaintiffs should pay the defendant's costs for multiple appearances on an indemnity basis due to delays and non-compliance with court orders" 'Whether such costs should be payable forthwith' 'Whether a general order should be made requiring the plaintiffs to pay costs incurred as a result of late service of evidence']

Ratio Decidendi

Due to unreasonable and repeated non-compliance with court orders by the plaintiffs and failure to provide adequate explanations for delay, the plaintiffs should pay the defendant's costs on an indemnity basis for specified appearances. However, circumstances did not warrant those costs being payable forthwith or a general order in respect of costs incurred by late service of evidence.

Court Disposition

Application for indemnity costs largely allowed; costs orders made.

Orders

  • ["Plaintiffs to pay the defendant's costs for appearances before the Common Law Registrar and Hoeben CJ at CL on 27 February 2015, 6 March 2015, 5 February 2016, 26 February 2016 and 2 May 2016 on an indemnity basis." 'Declined to order those costs be payable forthwith.' "Declined at this time to make a general...