Sladen Snippet - Non party’s liability for costs

1165 Stud Road v Power & Ors (No 2) [2015] VSC 735

The Supreme Court of Victoria set out a detailed explanation of where a non-party is exposed to liability for costs. The Court demonstrated a real willingness to make that type of order against non-party stakeholders whose role justifies liability for costs an order. In the subject case the Court:

(i)              made a cost order against an individual who was both director of the plaintiff and its solicitor, partly on an indemnity basis; and
(ii)             declined to make an order against the director of the unsuccessful plaintiff or against several lawfirms for the unsuccessful plaintiffs.

Further, the Court indicated that a plaintiff being insolvent was a significant factor in favour of making an award against a non-party.

This summary is only an indication of the court’s decision, and is not advice. More considered and customised analysis and advice should be sought from Sladen Legal or another lawfirm before the summary is relied on for any decision or conduct.

If you have any further questions, or for further information, please contact:

David Burstyner
Principal
M +61 411 072 743  |  T +61 3 9611 0137
Level 5, 707 Collins Street, Melbourne, 3008, Victoria, Australia
dburstyner@sladen.com.au