Lewis v Hillhouse

The case of Lewis v Hillhouse involved a dispute between the plaintiff, Lewis, and the defendant, Hillhouse. The plaintiff sought damages for the defendant's alleged breach of contract and negligence. The case was heard in the Supreme Court of New South Wales. The primary issue before the court was whether the plaintiff should be ordered to pay the defendant's costs of the action on an indemnity basis.

The court was required to consider the general rule that costs follow the event and whether it was appropriate to order costs on an indemnity basis. The court noted that such orders are not made lightly and are reserved for cases of exceptional circumstances. The court held that the plaintiff had not demonstrated any exceptional circumstances that would justify an order for costs on an indemnity basis. Instead, the court found that the plaintiff's conduct was reasonable and that the defendant's claims were without merit.

Accordingly, the court ordered that the plaintiff pay the costs of the action and of the application to strike out assessed on a standard basis. The court found that this was an appropriate outcome given the nature of the case and the conduct of the parties. The court did not make any further orders.