Conde v Gilfoyle

The case of Conde v Gilfoyle involved the appellant, Conde, appealing against orders made by the trial judge and subsequent orders of the intermediate appellate court dismissing Conde's appeals. The first and second respondents, Gilfoyle, applied to dismiss Conde's appeals and sought an order for costs on an indemnity basis. The primary issue before the court was whether the discretion under the Uniform Civil Procedure Rules should be exercised to award costs on an indemnity basis. An additional issue was whether the court has the discretionary power to make an order that it failed to make due to an accidental slip or omission of counsel.

The court determined that the discretion to award costs on an indemnity basis should be exercised in the present case due to the frivolous and vexatious nature of Conde's appeals. The court found that Conde's appeals were without merit and were brought for an improper purpose. The court also found that the respondents were not at fault for the failure to make an order for costs as the applications did not seek any such orders. Regarding the second issue, the court held that it has the discretionary power to make an order that it failed to make due to an accidental slip or omission of counsel under r 388 of the Uniform Civil Procedure Rules.

The court ordered that Conde pay the costs of the first and second respondents of and incidental to the appeals and their costs of the applications to dismiss the appeals on the indemnity basis. The court further ordered that the costs be assessed upon the indemnity basis.