4 Dec 2008
MCCLUSKIE V NARESH HC AK CIV-2007-404-006152
- Citation
- openlaw-9cf35683_222b_47df_ad50_9131941d9c97.pdf
- Court
- High Court
The Court held that the defendant's conduct—making scandalous and irrelevant allegations, failing to address the core issue, reneging on a signed settlement deed and thereby causing unnecessary and substantial additional litigation—was exceptional and justified an award of indemnity costs; the Court accepted 2B categorisation, found 187 hours at $400/hr reasonable, and ordered indemnity costs of $74,800 and disbursements $170 to be met from the trust assets.