Qasim v Owners Strata Plan 61034 (No. 3) [2023] NSWSC 61

Qasim v Owners Strata Plan 61034 (No. 3) [2023] NSWSC 61

The plaintiff's appeal had no prospects of success, named wrong defendants, involved non-compliance with orders to file and serve evidence, and was pursued with obfuscatory and irrelevant material, wasting the Court's and defendant's lawyers' time; those circumstances justified an indemnity costs order.

Jurisdiction
Australia
Judgment Date
08 February 2023
Procedural Posture
Costs Application / Application for Indemnity Costs After Refusal of Leave to Appeal, Determined on the Papers
Outcome
The defendant's application for indemnity costs was granted.
Legal Topics
['indemnity Costs' 'misguided Appeal With No Prospects of Success' 'failure to Comply With Orders for Service of Evidence' 'abuse of Process']
['civil Procedure' 'costs'] ['indemnity Costs' 'misguided Appeal With No Prospects of Success' 'failure to Comply With Orders for Service of Evidence' 'abuse of Process']

Case Brief

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Procedural Posture

Costs Application / Application for Indemnity Costs After Refusal of Leave to Appeal, Determined on the Papers

Legal Issues

  1. 1 ["Whether the plaintiff should pay the defendant's costs of the proceedings on an indemnity basis."]

Ratio Decidendi

The plaintiff's appeal had no prospects of success, named wrong defendants, involved non-compliance with orders to file and serve evidence, and was pursued with obfuscatory and irrelevant material, wasting the Court's and defendant's lawyers' time; those circumstances justified an indemnity costs order.

Court Disposition

The defendant's application for indemnity costs was granted.

Orders

  • ["The plaintiff is to pay the defendant's costs of the proceedings on an indemnity basis."]