Ghougassian v Fairfax Community Newspapers Pty Ltd

In *Ghougassian v Fairfax Community Newspapers Pty Ltd*, the applicant sought indemnity costs from the respondents following the abandonment of an appeal the afternoon before the scheduled hearing. The dispute concerned the applicant's conduct in the appeal, specifically their alleged non-compliance with the *Uniform Civil Procedure Rules 2005* (NSW) and court directions, and whether this conduct warranted an order for indemnity costs or a specified gross sum of costs.

The primary legal issues before the court were whether the appeal had any reasonable prospects of success, and if not, whether the applicant's conduct in the appeal proceedings justified an order for indemnity costs. The court was also required to determine whether the applicant's conduct had unnecessarily contributed to the incurring of costs, which would support an order for costs to be paid in a specified gross sum.

Emmett JA considered the applicant's conduct in relation to the appeal and the relevant rules of court. The court found that the appeal had no reasonable prospects of success and that the applicant's conduct had unnecessarily contributed to the costs incurred. Consequently, the court ordered the applicant to pay the costs of the respondents in the proceedings in a gross sum of $31,000. Further, the court ordered that costs previously awarded by Basten JA on 16 February 2015 be paid as a gross sum of $10,000, and that the respondent to a notice of motion filed on 9 June 2015 pay the costs of the applicants on that motion in a gross sum of $2,500.