Waverley Council v Ash Samadi and Ors (No 2) [2020] NSWLEC 162

Waverley Council v Ash Samadi and Ors (No 2) [2020] NSWLEC 162

The First Respondent's conduct in pleading and adducing false evidence regarding service of the Stop Work Order, and in denying inspection by installing a tarpaulin, was sufficiently delinquent to warrant that 30% of the Applicant's costs and certain interlocutory costs be awarded on an indemnity basis; the balance of costs are to be paid on an ordinary basis.

Parties
Applicant: Waverley Council; First Respondent: Ash Samadi; Second Respondent: Vladan Blagojevic; Third Respondent: VB Certifier
Jurisdiction
Australia
Judgment Date
25 November 2020
Procedural Posture
Costs Application (post Substantive Judgment) / Post Judgment (costs Orders)
Outcome
Costs orders made as specified.
Legal Topics
Indemnity Costs, Ordinary Costs, Delinquent Conduct, Enforcement Proceedings
Costs Indemnity Costs Ordinary Costs Delinquent Conduct Enforcement Proceedings

Case Brief

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Parties

Waverley Council

Applicant

Ash Samadi

First Respondent

Vladan Blagojevic

Second Respondent

VB Certifier

Third Respondent

Procedural Posture

Costs Application (post Substantive Judgment) / Post Judgment (costs Orders)

Legal Issues

  1. 1 Whether indemnity costs should be awarded against the First Respondent
  2. 2 Whether costs should be fixed by percentage and/or by conduct

Ratio Decidendi

The First Respondent's conduct in pleading and adducing false evidence regarding service of the Stop Work Order, and in denying inspection by installing a tarpaulin, was sufficiently delinquent to warrant that 30% of the Applicant's costs and certain interlocutory costs be awarded on an indemnity basis; the balance of costs are to be paid on an ordinary basis.

Court Disposition

Costs orders made as specified.

Orders

  • The First Respondent is to pay 30 percent of the Applicant's costs of the proceedings on an indemnity basis.
  • The First Respondent is to pay the costs associated with and incidental to the actions referred to at paragraphs [29]-[32] of the judgment in Waverley Council v Ash Samadi and Ors [2020] NSWLEC 67 on an indemnity basis.