B Pty Limited & Anor and Sykes & Anor

The matter of *B Pty Limited & Anor and Sykes & Anor* came before Aldridge J. The dispute concerned an application for costs following earlier proceedings. The applicants sought an order for their costs to be paid by the respondents on an indemnity basis from a specified date.

The central legal issue before the court was whether the respondents should be ordered to pay the applicants' costs on an indemnity basis, and if so, from what date. This required the court to consider the circumstances surrounding the litigation and whether they warranted a departure from the usual order for costs to be assessed on a party-and-party basis.

Aldridge J determined that the respondents should pay the applicants' costs of the proceedings. The court ordered that these costs be paid jointly and severally by the respondents, either as agreed between the parties or, failing agreement, as assessed by the court. Crucially, the assessment of these costs was to be on an indemnity basis, commencing from 15 October 2012.