Vivian Fraser & Associates Pty Ltd v Shipton [1999] FCA 228

Vivian Fraser & Associates Pty Ltd v Shipton [1999] FCA 228

The evidence did not establish that the applicants acted in wilful disregard of known facts or that the case was hopeless from the outset. The applicants' pleadings and the concession in cross-examination were not sufficient to warrant an order for indemnity costs; party and party costs remain appropriate absent special circumstances.

Jurisdiction
Australia
Judgment Date
01 March 1999
Procedural Posture
Application / Costs Order Following Judgment
Outcome
Application dismissed; costs to respondents on standard basis
Legal Topics
['costs' 'indemnity Costs' 'discretion to Award Costs' 'wilful Disregard of Facts']
['practice and Procedure'] ['costs' 'indemnity Costs' 'discretion to Award Costs' 'wilful Disregard of Facts']

Case Brief

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Procedural Posture

Application / Costs Order Following Judgment

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded on basis of wilful disregard of known facts' "Whether the applicants' conduct justified departure from standard party and party costs"]

Ratio Decidendi

The evidence did not establish that the applicants acted in wilful disregard of known facts or that the case was hopeless from the outset. The applicants' pleadings and the concession in cross-examination were not sufficient to warrant an order for indemnity costs; party and party costs remain appropriate absent special circumstances.

Court Disposition

Application dismissed; costs to respondents on standard basis

Orders

  • ['The application be dismissed.' "The applicants pay the respondents' costs of the proceeding."]