13 Mar 2019
The Deed of Trust established an unarguable caveatable interest; respondents' denial of the trust before and during proceedings was unreasonable and unjustified, therefore applicants are entitled to costs on a 2B basis with a 50% uplift; respondents' costs application is dismissed.
29 Aug 2016
The application to set aside the statutory demand succeeded and costs were awarded to the applicant on a 2A basis with disbursements because there was a long-standing dispute, settlement negotiations had occurred, the respondent should have used other formal processes rather than relying on a statutory demand, and the parties agreed pre-litigation conduct could be considered, subject to counsel confirming scale does not exceed actual costs.
25 Feb 2014
The court found that IAG's late, perfunctory and unexplained denial of the claim during the indemnity period materially precipitated litigation; accordingly the ordinary costs award in favour of the successful defendant was reduced by 20%, Item 32 was disallowed, and defendant must produce affidavitary evidence justifying claimed disbursements before entitlement is determined.