Paulson v State of New South Wales (No 2)

In the matter of Paulson v State of New South Wales (No 2), the plaintiff sought indemnity costs in relation to a Notice of Motion filed on 10 February 2023. The plaintiff argued that the costs should be paid by the defendant on an indemnity basis. The dispute was heard in the Supreme Court of New South Wales.

The primary legal issue before the court was whether the plaintiff was entitled to indemnity costs for the Notice of Motion filed on 10 February 2023. The court was required to consider the applicable principles and precedents in determining whether the plaintiff's application for indemnity costs was justified.

The court examined the relevant case law and found that indemnity costs are only awarded in exceptional circumstances where the opposing party has acted vexatiously, unreasonably or without merit. The court held that the plaintiff had not demonstrated that the defendant had acted in such a manner. The court further noted that the plaintiff had not provided sufficient evidence to support their claim for indemnity costs. Consequently, the court dismissed the plaintiff's application for indemnity costs and ordered that the plaintiff pay the defendant the costs of and incidental to the Notice of Motion on an indemnity basis as agreed or assessed.