Mendrecki v Doan & Pham (No 2)

The appeal arose from a decision in the Federal Circuit Court where the first and second respondents were found to have engaged in misleading or deceptive conduct by failing to disclose to the first appellant that a property was subject to a mortgage. The matter was heard in the Full Court of the Federal Court of Australia. The appellant sought orders for costs against the respondents, including the costs of the appeal and the costs of the proceedings in the Federal Circuit Court. The respondents resisted the appellant's application for costs.

The court considered the conduct of the respondents in the proceedings and whether it warranted an award of costs against them. The court noted that the respondents had failed to disclose a material fact in the proceedings, which was a serious breach of procedural fairness. The court also considered the conduct of the parties throughout the proceedings, including the appellant's success in the proceedings and the respondents' conduct during the appeal. The court held that the respondents' conduct warranted an award of costs against them.

The court held that the respondents were liable for the appellant's costs of the appeal and the costs of the proceedings in the Federal Circuit Court. The court held that the respondents' conduct was such that it warranted an order for costs against them, and that the appellant was entitled to recover its costs from the respondents. The court also held that the appellant was entitled to costs on an indemnity basis, which meant that the respondents were liable for all of the appellant's costs, including costs incurred on an interim basis.

The court made orders for the respondents to pay the appellant's costs of the appeal and the costs of the proceedings in the Federal Circuit Court on an indemnity basis. The court held that the respondents were liable for all of the appellant's costs, including costs incurred on an interim basis, and that the appellant was entitled to recover its costs from the respondents.