Quach v Daly

The matter of Quach v Daly involved a plaintiff, Quach, who had initiated legal proceedings against the defendants, Daly, in a state court. The dispute centred around an application filed by Quach for the defendants to file and serve a defence, which was subsequently dismissed. Quach’s statement of claim was then challenged by the defendants. The defendants sought costs on an indemnity basis, arguing that Quach’s application had served no utility and that the case warranted such costs due to its special or unusual nature.

The court was tasked with determining whether the plaintiff, Quach, should be ordered to pay costs on an indemnity basis. The defendants contended that the application had been frivolous and had served no purpose, justifying indemnity costs. The court had to consider the criteria for awarding indemnity costs, including whether the case was special or unusual enough to warrant such an order.

In rendering its decision, the court found that the application filed by Quach had indeed served no utility and that the circumstances of the case were such that indemnity costs were appropriate. The court held that the case did not fall within the category of being special or unusual, but the conduct of the plaintiff warranted the imposition of indemnity costs to deter similar conduct in the future. Consequently, the plaintiff was ordered to pay the defendants’ costs of the application filed on 29 April 2024.