Gerarchi v Gerarchi

[2026] WASC 24

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Costs following consent orders
4. › Whether successful party entitled to costs where no hearing on the merits
5. › Whether complete capitulation by defendant justifies costs order
6. › Supreme Court Act 1935 (WA), s 37
7. › Rules of the Supreme Court 1971 (WA), O 66
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Whether defendant's conduct sufficiently improper or unreasonable to warrant indemnity costs
5. › Categories of exceptional circumstances justifying departure from party-party basis

Quick Take

Where consent orders reflect a complete capitulation by the defendant, the plaintiff may be treated as the successful party entitled to costs even absent a contested hearing on the merits.