2 Jun 2009
The High Court judge's unilateral trebling of the 2B rate was unprincipled and unsupported by the facts or law; increased costs were only justified for limited additional preparation and urgency and must be quantified accordingly, therefore the appeal is allowed and the costs awards are substituted with specified lower sums.
29 Apr 2009
Appellant awarded scale costs in both the Family Court and High Court; increased or indemnity costs were refused because settlement offers were either unclear, impractical or made too late and there was no evidence that the appellant alone prevented settlement, and the respondent's improper evidence was insufficient to justify penal costs.
19 Dec 2008
Court found the Stevenson appeal was abandoned so could not be the basis for increased costs and awarded Stevenson costs on a 2B basis ($1,520). Court found the Infrastructure Services and Acme appeals lacked merit and that the applicant's conduct increased costs; it awarded each creditor costs calculated on a 2B basis uplifted by 50% with a .5 day allocation ($3,480 each) and ordered those costs added to their proofs. Court held s89(10)(b) permits costs to be paid from the estate to the bankrupt's solicitor without automatic revesting in the Official Assignee and awarded the applicant $5,280…
1 Apr 2008
Given the vexatious, frivolous and improperly commenced and continued nature of the proceedings, the Court exercised its discretion under r48C to award indemnity costs and disbursements to the successful defendants and ordered that David Stanley Heenan, Trevor Allen Lee and Pamela Joan Wadsworth be jointly and severally liable for specified indemnity cost awards; where applicable Mr Heenan's personal liabilities were ordered to be paid from the Public Trustee fund noted in earlier judgment.
6 Dec 2007
The applicants were needlessly put to the expense of two High Court caveat applications where the respondent or its advisers could and should have ascertained the outcome and provided reasons; those circumstances justify an award of indemnity costs under r48C(4)(f) (and possibly r48C(4)(a)), but the precise quantum and allowable disbursements must be determined after the applicants file a detailed memorandum on GST, net costs and r48H disbursements; final costs order is reserved until that memorandum is received.
16 Jul 2007
Because the respondent lodged a lapsing notice/mortgage that the judge inferred was a dummy device to force the applicant to commence proceedings, failed to withdraw it within the statutory period despite warning, and continued to oppose the application, the Court exercised its discretion under High Court Rules r48C(3)(b) and (d) to award increased costs (50% above scale on a 2B basis) and disbursements with adjustment to the correct filing fee.
9 Feb 2007
The application was misconceived and contributed unnecessarily to the respondent's costs but did not meet the threshold for indemnity costs; accordingly increased costs were appropriate under r48C(3)(b) and awarded on a category 2B basis with a 50% uplift, plus disbursements as approved by the Registrar.
5 Dec 2006
Plaintiff's claim was struck out in its entirety and the plaintiff acted frivolously, improperly and unnecessarily in commencing and continuing the proceeding (including ignoring warnings and pursuing unsupported allegations), satisfying r48C(4)(a) and justifying an order for indemnity costs; the court adopted the defendant's claimed total inclusive of disbursements, $10,190.28.
26 Apr 2006
The respondent's conduct did not meet the exceptional threshold required for indemnity costs under r48C; the applicant failed to particularise the claimed indemnity costs so the Court could not assess them; accordingly costs were awarded on the normal High Court Rules basis (Category 2 Band B) totaling $6,090 plus disbursements fixed by the Registrar.
29 Mar 2006
Plaintiff repeatedly breached court orders causing unnecessary additional memoranda and judicial conferences; r48C(4)(b) authorises indemnity costs for such breaches; the defendant's documented costs for those steps are reasonable; therefore indemnity costs totalling $3,760.37 are awarded.