LWP was unsuccessful in having the application for costs on an indemnity basis dismissed:
In making a costs order in a proceeding, the Court can order costs be paid on a Standard basis or an Indemnity basis. To a large extent the conduct of the parties in the proceedings will determine what order the Court is likely to make.
Indemnity costs
Section 703 of the UCPR provides for how a costs assessor must assess a parties costs when Indemnity costs are awarded by the Court. Solicitor and client costs are now referred to as indemnity costs.
Indemnity costs may be awarded pursuant to rule 162(1) of the UCPR if a particular is struck out by the Court if a particular: (a) has a tendency to prejudice or delay the fair trial of the proceeding; or
(b) is unnecessary or scandalous; or
(c) is frivolous or vexatious; or
(d) is otherwise an abuse of the process of the court
Wonder what the judge has said.
LWP Price at posting:
0.1¢ Sentiment: None Disclosure: Not Held
