NSW Caselaw
New South Wales District Court
CITATION: Clifton v Dunn (Costs) [2009] NSWDC 188
HEARING DATE(S): 11 June 2009
JUDGMENT DATE: 11 June 2009
EX TEMPORE JUDGMENT DATE : 11 June 2009
JURISDICTION: Civil jurisdiction
JUDGMENT OF: Johnstone DCJ
DECISION: 1. The defendant is to pay the costs for which it is liable to the plaintiff, so far as the issue of liability is concerned, on an indemnity basis from the date of the filing of the Defence until the admission of liability. 2. The defendant to pay the costs of this application, on the ordinary basis
CATCHWORDS: COSTS - At the time of filing the Defence, the defence of inevitable accident was so weak as to be futile and therefore hopeless - indemnity costs awarded as to the issue of liability
Civil Procedure Act 2005: s 3(1), s 98(1)(c) LEGISLATION CITED: Legal Profession Act 2004: s 364 Uniform Civil Procedure Rules 2005: r 42.2, r 42.5
Tetijo Holdings Pty Limited v Keeprite Australia (unreported, Federal Court of Australia, 3 May 1991 per French J) Leichhardt Municipal Council v Green (2004) NSWCA 341 CASES CITED: Wentworth v Rogers No 5 (1986) 6 NSWLR 534 Grynberg v Muller; estate of Bilfield (2002) NSWSC 350 at [48] Fowler v Toro Constructions (2008) NSWCA 172
PARTIES: Corey Thomas Clifton (Plaintiff) Janice Dunn (Defendant)
FILE NUMBER(S): 3167/07
COUNSEL: Mr H Marshall SC with Mr D J Price (Plaintiff) Ms N Miller, Solicitor (Defendant)
SOLICITORS: Oliver Campbell Lawyers (Plaintiff) Holman Webb (Defendant)
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