Dank v Whittaker (No 6) [2015] NSWSC 827

Dank v Whittaker (No 6) [2015] NSWSC 827

The Court found that, while the pleading history was unsatisfactory, the plaintiff’s reasonable concessions on 6 December 2013 made an indemnity costs order inappropriate. The costs are to be paid by the plaintiff on the ordinary basis as agreed or assessed.

Parties
Plaintiff: Stephen Dank; First Defendant: Paul Whittaker; Third Defendant: Dr Trickia Kavanagh; Fourth Defendant: Darren Kane; Fifth Defendant: Rebecca Wilson; Sixth Defendant: James Hooper; Seventh Defendant: Josh Massoud; Defendant: Nationwide News Pty Ltd
Jurisdiction
Australia
Judgment Date
25 June 2015
Procedural Posture
Interlocutory Application / Costs Determination After Argument on 6 December 2013
Outcome
Plaintiff to pay defendants' costs of 6 December 2013 and costs thrown away by virtue of having to reformulate objections, on the ordinary basis.
Legal Topics
Costs
Common Law Costs

Case Brief

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Parties

Stephen Dank

Plaintiff

Paul Whittaker

First Defendant

Dr Trickia Kavanagh

Third Defendant

Darren Kane

Fourth Defendant

Rebecca Wilson

Fifth Defendant

James Hooper

Sixth Defendant

Josh Massoud

Seventh Defendant

Nationwide News Pty Ltd

Defendant

Procedural Posture

Interlocutory Application / Costs Determination After Argument on 6 December 2013

Legal Issues

  1. 1 Whether the plaintiff should pay the defendants' costs of 6 December 2013 and costs thrown away due to amended pleadings; whether costs should be assessed on an indemnity basis or the ordinary basis

Ratio Decidendi

The Court found that, while the pleading history was unsatisfactory, the plaintiff’s reasonable concessions on 6 December 2013 made an indemnity costs order inappropriate. The costs are to be paid by the plaintiff on the ordinary basis as agreed or assessed.

Court Disposition

Plaintiff to pay defendants' costs of 6 December 2013 and costs thrown away by virtue of having to reformulate objections, on the ordinary basis.

Orders

  • The plaintiff is to pay the defendants' costs of 6 December 2013.
  • The plaintiff is to pay the costs thrown away by virtue of having to reformulate objections to the 114 and 118 pleadings in light of the proposed further amended statements of claim, as agreed or assessed on the ordinary basis.