Sedrak v Starr

In *Sedrak v Starr*, the appellant, Sedrak, and the respondent, Starr, were parties to civil proceedings before the Court of Appeal of New South Wales. The dispute concerned the preparation and filing of the necessary documentation, specifically the "Black and Blue Books," for an upcoming appeal hearing. The respondent had filed notices of motion seeking to ensure compliance with the court's rules regarding these documents.

The primary legal issue before the court was whether the respondent was entitled to indemnity costs in relation to its notices of motion. This question arose due to the appellant's alleged failure to comply with the rules concerning the preparation and filing of the appeal books, which the respondent contended had caused unreasonable delay and expense in the proceedings.

McColl JA determined that the appellant's conduct had indeed led to unreasonable delay and expense. The court found no explanation for the appellant's failure to comply with the rules governing the preparation of the appeal books. Consequently, the court concluded that the respondent was entitled to an order for indemnity costs in respect of the notices of motion it had filed to address this non-compliance.

The court ordered that the notice of motion filed on 16 August 2010 be dismissed. Furthermore, the appellant was ordered to pay the respondent’s costs of and relating to that notice of motion on an indemnity basis.