NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Australia and New Zealand Banking Group Limited v Giannaklis (No 3) [2020] NSWSC 1271 Hearing dates: On the papers Decision date: 17 September 2020 Jurisdiction: Common Law Before: Rothman J Decision: (1) The defendant pay the plaintiff's costs of and incidental to the proceedings; (2) The foregoing costs are assessed on an indemnity basis; (3) The foregoing costs are fixed in the sum of $107,790.20; (4) Otherwise proceedings are dismissed. Catchwords: COSTS – indemnity costs – right under contract – also otherwise payable as more appropriate compensation of plaintiff. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 42.5. Cases Cited: Australia and New Zealand Banking Group Limited v Giannaklis (No 2) [2020] NSWSC 148 Australia and New Zealand Banking Group Limited v Giannaklis [2019] NSWSC 32 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Ristic v Greater Building Society Ltd [2002] NSWCA 266 Seller v Jones [2014] NSWCA 19 Category: Costs Parties: Australia and New Zealand Banking Group Limited (Plaintiff) Peter Giannaklis (Defendant) Representation: Counsel: N M Bender (Plaintiff)
Solicitors: Thomson Geer Lawyers (Plaintiff) Vizzone Ruggero Twigg Lawyers (Defendant) File Number(s): 2018/88502
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