Dyktynski v BHP Titanium Minerals Pty Ltd

(2004) 60 NSWLR 203; [2004] NSWCA 154

NSW Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Indemnity principle
3. › Nominal party
4. › Whether nominal party entitled to recover costs where benefit enures to third party with real interest in litigation
5. › Whether indemnity principle applies where real party incurred costs in proceedings brought in nominal party's name
1. Costs
2. › Indemnity principle
3. › Costs agreement
4. › Agreement that client not liable for any costs
5. › Whether agreement negated all liability distinguishing from 'no win no fee' arrangement
1. Workers Compensation
2. › Costs
3. › Workplace Injury Management and Workers Compensation Act 1998 (NSW)
4. › Whether ss 112 and 116 apply to costs in Court of Appeal or only Compensation Court
5. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 112, 116
1. Costs
2. › Assessment of costs
3. › Legal Profession Act 1987 (NSW)
4. › Whether s 208H prevents indemnity principle being engaged
5. › Legal Profession Act 1987 (NSW), s 208H

Quick Take

A nominal party to proceedings may recover costs where the benefit of the costs order enures to a third party (such as the party's solicitors) who is the real party with an interest in the litigation and who incurred the costs. The nominal party exception to the indemnity principle is not limited to pre-existing representative relationships. Sections 112 and 116 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) apply only to costs in the Compensation Court and do not extend to costs in the Court of Appeal. Section 208H of the Legal Profession Act 1987 (NSW) does not prevent the indemnity principle from being engaged.