Greer v Greer

The case of Greer v Greer involved an appeal against a decision made in civil proceedings. The Court was required to determine the appropriate costs order, specifically whether the costs should be assessed on the standard basis or the indemnity basis. The primary judge had ruled in favour of the respondent, and the appellant sought to challenge this decision on appeal. The parties submitted further arguments on the costs issue, with the respondent arguing for an indemnity costs order. The Court found that while the appeal was dismissed, there were no grounds to conclude that the appeal was advanced in wilful disregard of known facts or law, or that it should never have been run. The Court held that the appeal was unsuccessful, but this alone did not warrant an indemnity costs order. The Court found that the respondent's submission for indemnity costs was an overreach, and no occasion arose to express a view on the merits of the case before the primary judge. The Court ordered that the appellant should pay the respondent's costs of the appeal, to be assessed on the standard basis.

The legal issue before the Court was whether the circumstances warranted the exercise of its discretion in favour of an indemnity costs order. In determining this, the Court considered the reasons for the dismissal of the appeal and whether the appeal was advanced in wilful disregard of known facts or law, or should never have been run. The Court found that the appeal was unsuccessful but that there were no grounds to conclude that it was advanced in wilful disregard of known facts or law, or that it should never have been run. The Court held that the mere failure of an appeal does not justify an indemnity costs order. The Court found that the respondent's submission for indemnity costs was an overreach, and no occasion arose to express a view on the merits of the case before the primary judge. The Court ordered that the appellant should pay the respondent's costs of the appeal, to be assessed on the standard basis.