Zistis v Zistis (No 2) [2019] NSWSC 227

Zistis v Zistis (No 2) [2019] NSWSC 227

Given the unreasonable rejection of the settlement offer by Mr George Zistis and the increased costs due to the Attorney-General’s intervention, indemnity costs are justified from 15 January 2018 and the Attorney-General is to pay only the additional costs arising from its intervention.

Jurisdiction
Australia
Judgment Date
08 March 2019
Procedural Posture
Civil / Costs Determination Following Substantive Judgment
Outcome
Costs awarded to plaintiff against first defendant (part indemnity) and Attorney-General (as intervener)
Legal Topics
['adjournment Application' 'costs Orders' 'indemnity Costs' 'intervention by Attorney General']
['civil Procedure'] ['adjournment Application' 'costs Orders' 'indemnity Costs' 'intervention by Attorney General']

Case Brief

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Procedural Posture

Civil / Costs Determination Following Substantive Judgment

Legal Issues

  1. 1 ['Whether adjournment should be granted for the costs hearing' 'Whether costs should be ordered on an indemnity basis against the first defendant' 'Extent of costs payable by the Attorney-General for New South Wales as intervener']

Ratio Decidendi

Given the unreasonable rejection of the settlement offer by Mr George Zistis and the increased costs due to the Attorney-General’s intervention, indemnity costs are justified from 15 January 2018 and the Attorney-General is to pay only the additional costs arising from its intervention.

Court Disposition

Costs awarded to plaintiff against first defendant (part indemnity) and Attorney-General (as intervener)

Orders

  • ["The Attorney-General for New South Wales pay the plaintiff's costs, as agreed or assessed, to the extent that they were increased by the intervention of the Attorney-General for New South Wales." "Save for the costs the subject of Order 1, the first defendant pay the plaintiff's costs of the proceedings on the...