In the matter of ENA Development Pty Ltd (in liquidation) (ACN 105 235 363)

In the matter of ENA Development Pty Ltd (in liquidation) (ACN 105 235 363), the plaintiffs sought an indemnity costs order to recover costs incurred due to unreasonable conduct by one of the defendants. The matter was heard in the Supreme Court of Victoria. The primary issue for the court was whether the plaintiffs were entitled to such an order under the relevant provisions of the Supreme Court (General Civil Procedure) Rules 2015. The court had to determine whether the defendant's conduct was unreasonable and whether the plaintiffs had incurred additional costs as a result of this conduct.

The court found that the defendant's conduct during the proceedings was unreasonable, including by filing multiple applications without merit and making false and misleading statements. The court concluded that these actions caused the plaintiffs to incur additional costs. The plaintiffs' application for an indemnity costs order was deemed appropriate under the relevant rules, as the defendant's conduct significantly prolonged the proceedings and increased the costs borne by the plaintiffs. The court granted the application and ordered the defendant to pay the plaintiffs' costs associated with the unreasonable conduct.