Makeig v Derwent

In *Makeig v Derwent*, the claimant sought leave to appeal a decision, and the court was asked to determine the basis upon which the costs of that application should be paid. The application for leave to appeal was heard by Sheller JA and Ipp AJA.

The central legal issue before the court was whether the costs of the application for leave to appeal should be awarded on a standard or indemnity basis. This required the court to consider the circumstances justifying an award of indemnity costs.

The court reasoned that an award of indemnity costs was warranted in this instance. While the specific reasons for this determination are not detailed in the provided text, the court's decision to grant indemnity costs suggests that the conduct of the claimant in the application for leave to appeal was considered to be of a nature that justified departing from the usual order for costs on a standard basis.

The court ordered that the costs of the application for leave to appeal payable by the claimant to the opponent were to be on an indemnity basis, adding this to the orders previously made on 9 August 2001.