12 Nov 2015
Where a statutory demand is issued in the face of a clear genuine dispute it is an improper use of the statutory procedure; the demand was set aside and the applicant is entitled to costs, but indemnity costs must be supported by evidence of hours and rates and the court will reduce excessive claims when assessing quantum.
27 Aug 2013
The defendants lodged and re‑lodged a caveat without any arguable caveatable interest and deliberately to obstruct a mortgagee sale; their conduct met the threshold in High Court Rules r14.6(4) for indemnity costs, therefore the plaintiff was entitled to indemnity costs of $11,760 plus disbursements of $533.20.
13 Feb 2013
Respondent signalled resignation and the substantive relief sought became unnecessary; the respondent's conduct did not meet the threshold in r14.6(4) for indemnity costs, so the appropriate award was scale costs categorised as 2(B), fixed at $4,930.40 to the applicant.