Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NMFM Property Pty Ltd v Citibank Ltd (No 11) [2001] FCA 480
PRACTICE AND PROCEDURE – Costs – indemnity costs – circumstances in which indemnity costs will be ordered – applicant, having paid out claims of investors in applicant's property trust, seeking to recover contribution or indemnity from bank which financed them into the investment – applicant fails in claim and must pay bank's costs – whether it should be ordered to do so on an indemnity basis – suggested ethical or moral delinquency of applicant – whether ethical or moral delinquency in the underlying or background facts sufficient to support order for indemnity costs or whether ethical or moral delinquency must be associated with the commencement or manner of conduct of the litigation – whether case "hopeless" – whether case "fundamentally flawed" – notice to admit facts and notice disputing facts – whether party disputing facts should be ordered to pay costs of proof of the facts disputed Calderbank v Calderbank [1976] Fam 93 cited Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 cited Degmam Pty Ltd (in liq) v Wright (No 2) [1983] 2 NSWLR 354 cited EMI Records Ltd v Ian Cameron Wallace Ltd [1983] 1 Ch 59 cited Botany Municipal Council v Secretary, Department of the Arts, Sport, the Environment, Tourism and Territories (1992) 34 FCR 412 cited Re Wilcox; Ex parte Venture Industries Pty Ltd (No 2) (1996) 72 FCR 151 (FC) cited Australian Guarantee Corporation Ltd v De Jager [1984] VR 483 distinguished National Australia Bank v Petit-Breuilh (No 3) [2000] VSC 291 not followed Harrison v Schipp [2001] NSWCA 13 followed Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 cited Jones v Bartlett (2000) 75 ALJR 1 cited Beswick v Beswick [1968] AC 58 cited Concrete Constructions Pty Ltd v Government Insurance Office of New South Wales [1966] 2 NSWR 609 cited Sacher Investments Pty Ltd v Forma Stereo Consultants Pty Ltd [1976] 1 NSWLR 5 cited Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107 cited MGICA (1992) Pty Ltd v Kenny & Good Pty Ltd (No 2) (1996) 70 FCR 236 cited
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate