8 Jun 2009
BRADBURY AND ANOR V WESTPAC BANKING CORPORATION AND ANOR CA CA324/2008
- Citation
- openlaw-ee23ac3e_f1f7_4cab_8f4a_c9098041f6f0.pdf
- Court
- Court of Appeal
The Court of Appeal affirmed the High Court: indemnity costs were properly awarded because the appellants' principal and secondary causes of action were hopeless from inception (contradicted by the client’s unfettered right to terminate and by subsequent written RFP/STCs) and the litigation was pursued for an improper ulterior motive (including threatening use of confidential information), and the assessed indemnity quantum was reasonable after judicial deduction of excessive items.