Perry v Kinnear (No. 6)

The case of Perry v Kinnear (No. 6) involves an application by the defendant, Kinnear, for a special order for costs under the indemnity basis. The dispute arose from previous litigation between the parties, with the current application seeking a determination on the appropriate method for quantifying costs. The case was heard by the court, which had to determine the legal principles applicable to the quantification of costs and the appropriateness of the indemnity basis in this context.

The primary legal issue before the court was whether the indemnity basis was the correct method for quantifying costs in the current application. The court considered the relevant case law and statutory provisions that govern the awarding of costs in civil proceedings. It examined the principles established in earlier cases, particularly those dealing with the distinction between the party/party and indemnity bases of quantification.

The court found that the defendant's application for a special order for costs was not appropriate in this instance. It concluded that the indemnity basis was not the correct method for quantifying costs in this particular application. The court held that each party should bear their own costs of the motion, reflecting its view that neither party was entitled to an indemnity order. Consequently, the defendant's application was dismissed, and the court ordered that each party was to pay their own costs of the motion.