VAMEBA PTY LTD v MAXWELL DANIEL MARKSON & ORS [2008] NSWCA 266

VAMEBA PTY LTD v MAXWELL DANIEL MARKSON & ORS [2008] NSWCA 266

The applicant's conduct, through its agent, fundamentally caused the litigation. The trial judge was correct to exercise discretion under s 98 of the Civil Procedure Act 2005 (NSW) to order the applicant to indemnify Mr Markson for the costs paid to the Cutlers, as it was just to resolve the costs this way. The prospects of an appeal succeeding were remote.

Jurisdiction
Australia
Judgment Date
26 September 2008
Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision on Application for Leave to Appeal From Costs Order
Outcome
Application for leave to appeal dismissed with costs; time for filing extended to 21 April 2008
Legal Topics
['costs Orders' 'vendor Purchaser Disputes' 'authority of Agents' 'breach of Retainer' 'specific Performance']
['civil Procedure' 'contracts' 'property Law'] ['costs Orders' 'vendor Purchaser Disputes' 'authority of Agents' 'breach of Retainer' 'specific Performance']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision on Application for Leave to Appeal From Costs Order

Legal Issues

  1. 1 ['Whether the primary judge erred in ordering the applicant to indemnify Mr Markson for costs paid to the Cutlers' "Whether the applicant's conduct was a sufficient basis for a costs order under s 98 of the Civil Procedure Act 2005 (NSW) and r 42.1 of the Uniform Civil Procedure Rules 2005 (NSW)"]

Ratio Decidendi

The applicant's conduct, through its agent, fundamentally caused the litigation. The trial judge was correct to exercise discretion under s 98 of the Civil Procedure Act 2005 (NSW) to order the applicant to indemnify Mr Markson for the costs paid to the Cutlers, as it was just to resolve the costs this way. The prospects of an appeal succeeding were remote.

Court Disposition

Application for leave to appeal dismissed with costs; time for filing extended to 21 April 2008

Orders

  • ['Extend time for the application for leave to appeal to be filed up until and including 21 April 2008.' 'Application for leave to appeal dismissed with costs.']