The Owners Strata Plan No. 84751 v Karimbla Construction Services Pty Ltd (No 2) [2016] NSWCATAP 177

The Owners Strata Plan No. 84751 v Karimbla Construction Services Pty Ltd (No 2) [2016] NSWCATAP 177

The Appeal Panel had already concluded that the appellant should pay the respondent's costs of the proceedings, including the appeal, on the indemnity basis forthwith. Having required the appellant's solicitor to show cause because her conduct was considered to have caused the appellant to incur costs, and in light of her acceptance that she should indemnify the appellant, the Panel considered her position appropriate and ordered that she indemnify the appellant for those costs and associated assessment or agreement costs.

Jurisdiction
Australia
Judgment Date
03 August 2016
Procedural Posture
Costs in Appeal Proceedings / Costs Orders Determined on the Papers After Appeal Panel Reasons and Solicitor's Show Cause Submissions
Outcome
Appellant ordered to pay respondent's costs on the indemnity basis forthwith; appellant's solicitor ordered to indemnify the appellant for those costs and associated costs of agreement or assessment.
Legal Topics
['indemnity Costs' 'solicitor Indemnity for Adverse Costs' 'appeal Panel Costs Orders']
['costs'] ['indemnity Costs' 'solicitor Indemnity for Adverse Costs' 'appeal Panel Costs Orders']

Case Brief

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Procedural Posture

Costs in Appeal Proceedings / Costs Orders Determined on the Papers After Appeal Panel Reasons and Solicitor's Show Cause Submissions

Legal Issues

  1. 1 ["Whether the appellant should pay the respondent's costs of the proceedings, including the appeal, on the indemnity basis forthwith." 'Whether the solicitor for the appellant should indemnify the appellant for the costs payable by it to the respondent and the costs of having those costs agreed or assessed.']

Ratio Decidendi

The Appeal Panel had already concluded that the appellant should pay the respondent's costs of the proceedings, including the appeal, on the indemnity basis forthwith. Having required the appellant's solicitor to show cause because her conduct was considered to have caused the appellant to incur costs, and in light of her acceptance that she should indemnify the appellant, the Panel considered her position appropriate and ordered that she indemnify the appellant for those costs and associated assessment or agreement costs.

Court Disposition

Appellant ordered to pay respondent's costs on the indemnity basis forthwith; appellant's solicitor ordered to indemnify the appellant for those costs and associated costs of agreement or assessment.

Orders

  • ["The appellant pay the respondent's costs of the proceedings on the indemnity basis such costs payable forthwith." 'The solicitor for the appellant indemnify the appellant for the costs payable by it in accordance with order 1 above together with the costs of and incidental to having those costs agreed or assessed.']