Sliteris v Ljubic

The case of Sliteris v Ljubic involved a dispute where the plaintiff sought to challenge the general rule that costs follow the event. The plaintiff had previously obtained a costs order against several defendants, and now sought a further costs order on an indemnity basis. The defendants, in turn, opposed this application. The matter was heard in the Supreme Court of New South Wales.

The primary legal issue the court had to decide was whether there were sufficient grounds to depart from the general principle that costs follow the event. The defendants argued that the plaintiff had not shown sufficient reason to justify an order for costs against the plaintiff on an indemnity basis. The court was required to assess whether the circumstances of the case warranted such an order.

The court examined the principle that costs generally follow the event and noted that this rule is not absolute. It is subject to the court's discretion in exceptional circumstances. The court considered the factors that may justify an order for costs on an indemnity basis, such as the plaintiff's conduct or the nature of the dispute. After reviewing the submissions and evidence, the court concluded that the plaintiff had not provided sufficient justification to warrant an order for costs on an indemnity basis. Consequently, the court dismissed the defendants' application for costs against the plaintiff on an indemnity basis.

The final orders of the court confirmed that the plaintiff was not required to pay further costs on an indemnity basis to the defendants. The court's decision upheld the general principle that costs follow the event, subject to the discretion of the court in exceptional circumstances.