Brand2Content t/as Franchise Works v Dalby

[2019] NSWCA 16

NSW Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Party/party costs
3. › Orders against non-parties
4. › Factors relevant to exercise of court's discretion
5. › Whether in the interests of justice to order non-party common director of defendant/appellant companies to pay costs
6. › Civil Procedure Act 2005 (NSW), s 98
1. Costs
2. › Party/party costs
3. › Indemnity costs
4. › Offer of compromise
5. › Whether respondent entitled to indemnity costs where offer not accepted and judgment no less favourable obtained
6. › Uniform Civil Procedure Rules 2005 (NSW), rr 41.14, 51.48

Quick Take

Practitioners seeking non-party costs orders against company directors should note that the FPM criteria are illustrative guides only, the overriding question is the interests of justice, and care must be taken not to apply the criteria mechanically where the director's involvement is a practical necessity of the corporate structure.