18 May 2010
CINTRO HOLDINGS LIMITED V F M CUSTODIANS LIMITED HC AK CIV 2009-404-000406
- Citation
- openlaw-6228a708_67ef_4d91_afc9_c4625cb0e4f6.pdf
- Court
- High Court
The court held that the high threshold for indemnity costs was not met because the applicant advanced an arguable claim based on alleged prior knowledge and implied consent under s 105, supported by the director's evidence; the applicant's conduct did not amount to the flagrantly bad behaviour required for indemnity costs. Accordingly indemnity costs were declined but respondent was entitled to ordinary costs on a 2B basis up to and including the hearing and for specified post-judgment memoranda.