Westpac Banking Corporation v Victor Warren Ollis & Ors [2007] NSWSC 1008

Westpac Banking Corporation v Victor Warren Ollis & Ors [2007] NSWSC 1008

The defendants, knowing of Mr Ollis's dishonesty and having defended the proceedings despite overwhelming evidence, constituted relevant delinquency justifying an order for indemnity costs.

Jurisdiction
Australia
Judgment Date
06 September 2007
Procedural Posture
Commercial Litigation / Post Judgment (costs and Final Orders)
Outcome
Judgment for plaintiff; indemnity costs ordered.
Legal Topics
['indemnity Costs' 'dishonesty' 'property Transfer Without Consideration']
['commercial Law' 'equity'] ['indemnity Costs' 'dishonesty' 'property Transfer Without Consideration']

Case Brief

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Procedural Posture

Commercial Litigation / Post Judgment (costs and Final Orders)

Legal Issues

  1. 1 ['Whether indemnity costs should be ordered against the defendants' 'Whether the conduct of the defendants constituted relevant delinquency justifying indemnity costs']

Ratio Decidendi

The defendants, knowing of Mr Ollis's dishonesty and having defended the proceedings despite overwhelming evidence, constituted relevant delinquency justifying an order for indemnity costs.

Court Disposition

Judgment for plaintiff; indemnity costs ordered.

Orders

  • ['Declarations in terms of paragraphs 1, 2, 3, 4, 5 and 6 of the Order dated 6 September 2007.' 'Judgment entered against the first defendant in favour of the plaintiff in the amount of $14,813,160.83.' 'Proceedings stood over to the Commercial List for further directions on 7 December 2007.' "Defendants ordered to...