Dank v Whittaker (No 3) [2013] NSWSC 1822

Dank v Whittaker (No 3) [2013] NSWSC 1822

The objections taken on behalf of Dr Larkins were clear and fair, but the plaintiff failed to give proper attention to them and made concessions only when the matter came before the Court. The points ought not to have required objection if proper attention had been given to the pleading, taking the case outside the ordinary category and justifying indemnity costs. Given the stage of the proceedings and the little progress made, the costs were to be assessed forthwith.

Jurisdiction
Australia
Judgment Date
06 December 2013
Procedural Posture
Defamation Proceedings / Application by the Second Defendant for Costs Thrown Away by Reason of the Amended Statement of Claim and Proposed Further Amended Statement of Claim
Outcome
The plaintiff was ordered to pay the second defendant's costs thrown away by reason of the service and/or filing of the amended Statement of Claim and the proposed further amended Statement of Claim, such costs to be assessed on an indemnity basis and payable forthwith.
Legal Topics
['indemnity Costs' 'costs Thrown Away' 'pleadings' 'assessment of Costs Forthwith']
['defamation' 'costs'] ['indemnity Costs' 'costs Thrown Away' 'pleadings' 'assessment of Costs Forthwith']

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Procedural Posture

Defamation Proceedings / Application by the Second Defendant for Costs Thrown Away by Reason of the Amended Statement of Claim and Proposed Further Amended Statement of Claim

Legal Issues

  1. 1 ["Whether the plaintiff should pay the second defendant's costs thrown away by reason of the service and/or filing of the amended Statement of Claim and the proposed further amended Statement of Claim." 'Whether those costs should be assessed on an indemnity basis and payable forthwith.']

Ratio Decidendi

The objections taken on behalf of Dr Larkins were clear and fair, but the plaintiff failed to give proper attention to them and made concessions only when the matter came before the Court. The points ought not to have required objection if proper attention had been given to the pleading, taking the case outside the ordinary category and justifying indemnity costs. Given the stage of the proceedings and the little progress made, the costs were to be assessed forthwith.

Court Disposition

The plaintiff was ordered to pay the second defendant's costs thrown away by reason of the service and/or filing of the amended Statement of Claim and the proposed further amended Statement of Claim, such costs to be assessed on an indemnity basis and payable forthwith.

Orders

  • ["That the plaintiff pay the second defendant's costs thrown away by reason of the service and/or filing of the amended Statement of Claim and the proposed further amended Statement of Claim, such costs to be assessed on an indemnity basis and payable forthwith."]