Cirillo v Consolidated Press Property Ltd (formerly known as Citicorp Australia Limited) (No 2) [2007] FCA 179

Cirillo v Consolidated Press Property Ltd (formerly known as Citicorp Australia Limited) (No 2) [2007] FCA 179

Indemnity (solicitor and client) costs were awarded because the applicant pursued a hopeless and offensive claim that he ought to have known was without merit, ignored fundamental legal obstacles, and thereby unreasonably subjected the respondents to the expenditure of costs.

Jurisdiction
Australia
Judgment Date
22 February 2007
Procedural Posture
Costs Determination Following Summary Dismissal / Post Judgment (costs Order)
Outcome
Applicant ordered to pay respondents' costs of the application on a solicitor and client basis
Legal Topics
['costs' 'summary Dismissal' 'indemnity Costs']
['civil Procedure'] ['costs' 'summary Dismissal' 'indemnity Costs']

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

Costs Determination Following Summary Dismissal / Post Judgment (costs Order)

Legal Issues

  1. 1 ['Whether indemnity (solicitor and client) costs should be awarded against the applicant after summary dismissal']

Ratio Decidendi

Indemnity (solicitor and client) costs were awarded because the applicant pursued a hopeless and offensive claim that he ought to have known was without merit, ignored fundamental legal obstacles, and thereby unreasonably subjected the respondents to the expenditure of costs.

Court Disposition

Applicant ordered to pay respondents' costs of the application on a solicitor and client basis

Orders

  • ["The applicant pay the respondents' costs of the application on a solicitor and client basis."]