Ralston and Collins v Chaffey (No. 2)

Ralston and Collins brought a claim against Chaffey for costs on an indemnity basis, following a motion which they had successfully prosecuted. The claim for indemnity costs was brought after the substantive judgment had been delivered. The primary judge had granted the applicants costs on the ordinary basis in the substantive proceedings but declined to award indemnity costs, stating that the application had been brought without notice or warning to the respondents. The applicants appealed against the refusal to award indemnity costs. The appeal was allowed. The court found that the conduct of the respondents’ solicitors, including repeated failures to comply with directions of the court, improper production of expert reports and causing unnecessary adjournments, constituted plainly unreasonable conduct or relevant delinquency. The failure to give notice of the application had no bearing on the respondents’ approach to the application. The application for indemnity costs was granted. The respondent was ordered to pay the applicant’s costs of the appeal on the indemnity basis.