Douglas v James (No 2)

[2015] NSWSC 969

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Costs
2. › where defendants (and cross-claimant) wholly unsuccessful
3. › delinquency
4. › where one cause of action time-barred
5. › where another dropped in substance at the hearing
6. › where defence evidence voluminous and largely irrelevant
7. › usual result of assessment on the indemnity basis
8. › whether ‘probate exception’ applies
9. › where non-adversarial approach was available to trustees but not utilised
10. › consequence that proceedings were needlessly adversarial
1. Costs
2. › submitting appearances
3. › where defendant filed a submitting appearance less than a fortnight before the hearing
4. › where defendant highly active in preparation for, and support during, litigation
5. › consequence that submitting defendant to be treated as an active defendant for costs purposes

Citation[2015] NSWSC 969

CourtNSWSC

JurisdictionNew South Wales

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