HUNYH v. SWANSON & ANOR [1999] NSWSC 490

HUNYH v. SWANSON & ANOR [1999] NSWSC 490

The respondent's conduct and arguments in the litigation were not baseless nor in wilful disregard of established law; therefore, indemnity costs are not warranted.

Parties
Plaintiff: Van Tri Hunyh; First Defendant: James Lawrence Swanson; Second Defendant: Anor
Jurisdiction
Australia
Judgment Date
25 May 1999
Procedural Posture
Civil / Post Judgment Application for Indemnity Costs
Outcome
Application for indemnity costs refused; general costs awarded to plaintiff; certificate under s.6 of the Suitor's Fund Act granted to the respondent.
Legal Topics
Costs, Indemnity Costs, Jurisdiction, Contribution, Estoppel
Civil Procedure Costs Indemnity Costs Jurisdiction Contribution Estoppel

Case Brief

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Parties

Van Tri Hunyh

Plaintiff

James Lawrence Swanson

First Defendant

Anor

Second Defendant

Procedural Posture

Civil / Post Judgment Application for Indemnity Costs

Legal Issues

  1. 1 Whether indemnity costs should be awarded where arguments are alleged to be hopeless or in wilful disregard of established law
  2. 2 Whether the respondent's arguments in the principal proceedings were baseless or unreasonable

Ratio Decidendi

The respondent's conduct and arguments in the litigation were not baseless nor in wilful disregard of established law; therefore, indemnity costs are not warranted.

Court Disposition

Application for indemnity costs refused; general costs awarded to plaintiff; certificate under s.6 of the Suitor's Fund Act granted to the respondent.

Orders

  • Application for indemnity costs refused.
  • Respondent to pay the plaintiff's costs of the proceedings, including costs of the day.