Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service (No 3) [2010] NSWSC 1139 — Indemnity Costs & Payment Of Costs By Non-parties — Barrister AI
Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service (No 3)
› whether assessment of defendant’s costs on an indemnity basis more favourable than entitlement under contractual indemnity
› discretion as to costs
› general principles
› Legal Profession Act 2004 s 364
› UCPR 42.5(b).
Costs
› indemnity costs
› whether pursuit of groundless allegations without reasonable prospects of success, which prolonged the trial, was so delinquent as to warrant indemnity costs
› discretion
› general principles
Costs
› payment of costs by non-parties
› circumstances in which non-parties may be ordered to pay costs of proceedings
› whether repeal of UCPR 42.3 operated retrospectively
› whether involvement in plaintiff’s conduct of the proceedings justified award of costs against a non-party
› general principles
› Civil Procedure Act 2005 s 98
Case Details
Citation[2010] NSWSC 1139
CourtNSWSC
JurisdictionNew South Wales
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