14 Nov 2006
ICL (2002) LTD V BAYLEYS REAL ESTATE LTD AND ORS HC AK CIV-2005-404-7219
- Citation
- openlaw-6aa52dc0_bf2d_437e_b86f_145f3b4475e7.pdf
- Court
- High Court
The charging order was improperly obtained by material non‑disclosure on an ex parte application and had to be discharged; a security for costs order was appropriate but smaller than sought; conduct warranted an increased costs award but not indemnity costs and solicitors were not personally liable because their conduct did not reach the threshold of serious dereliction. Consequently the defendants were ordered to pay $15,000 plus reasonable disbursements to the plaintiff.