Faris v Savage (No 3)

The appeal was brought by Rabea Hatem Faris (the appellant) against Gail Savage (the respondent) in relation to proceedings initiated by the respondent in the Magistrates Court, concerning building and landscaping works carried out by the appellant. The respondent was successful in her claim, and the appellant brought an appeal on the basis that his former solicitor had been incompetent, which caused a miscarriage of justice. The appeal was dismissed, and the appellant was ordered to pay the respondent’s costs of the appeal. The respondent now seeks an order for the costs of the appeal proceedings to be awarded on an indemnity basis.

The court considered whether there were any exceptional circumstances that would justify an order for indemnity costs. The court noted that indemnity costs orders should be reserved for the most unreasonable actions by unsuccessful parties. The court considered the offers of settlement made by the respondent, the pursuit of hopeless grounds in the appeal, and the appellant's procedural delinquency. However, the court was not persuaded that this was an appropriate case for the award of indemnity costs.

The court concluded that justice required that solicitor and client costs be awarded on the appeal proper, and that indemnity costs should not be awarded. The court made an order that the appellant is to pay the respondent’s costs of the appeal proceedings on a solicitor and client basis.