Sony Computer Entertainment Australia Pty Ltd v Dannoun (No 2) [2001] FCA 1530

Sony Computer Entertainment Australia Pty Ltd v Dannoun (No 2) [2001] FCA 1530

The respondents' conduct was so unreasonable and special as to take the case out of the ordinary and justify indemnity costs being ordered.

Source-derived case information.

Parties
Applicant: Sony Computer Entertainment Australia Pty Limited; Applicant: Kabushiki Kaisha Sony Computer Entertainment; Respondent: Mohamed Samir Dannoun; Respondent: Sydney Markets Limited; Respondent: Janan Diab; Respondent: Ahmad Haddad
Jurisdiction
Australia
Judgment Date
29 October 2001
Procedural Posture
Civil / Costs Post Judgment
Outcome
Costs ordered on indemnity basis in all five proceedings.
Legal Topics
Costs, Indemnity Costs
Civil Procedure Costs Indemnity Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Sony Computer Entertainment Australia Pty Limited

Applicant

Kabushiki Kaisha Sony Computer Entertainment

Applicant

Mohamed Samir Dannoun

Respondent

Sydney Markets Limited

Respondent

Janan Diab

Respondent

Ahmad Haddad

Respondent

Procedural Posture

Civil / Costs Post Judgment

Legal Issues

  1. 1 Whether costs should be awarded on an indemnity basis.

Ratio Decidendi

The respondents' conduct was so unreasonable and special as to take the case out of the ordinary and justify indemnity costs being ordered.

Court Disposition

Costs ordered on indemnity basis in all five proceedings.

Orders

  • The respondents are to pay the applicants' costs on an indemnity basis, excluding any costs unreasonably incurred or unreasonable in amount.
  • Applicants have leave to tax the subject costs (in N 243 of 2000).