Storey v Britton

In the case of Storey v Britton, the plaintiffs sought to recover costs incurred during an application for disclosure, filed on 4 February 2025. The first defendant had been ordered to deliver a list of documents by March 2025 but had failed to comply with this order, providing a list of documents that was late, non-compliant, and incomplete. The plaintiffs sought indemnity costs for the disclosure application, arguing that the first defendant's failure to comply with the order placed an undue burden on them and delayed the proceedings. The dispute was heard and determined in a state court.

The central legal issue before the court was whether the first defendant should be required to pay the plaintiffs' costs of the disclosure application on an indemnity basis. The plaintiffs argued that the first defendant's failure to comply with the disclosure order not only placed an undue burden on them but also delayed the proceedings. The first defendant contended that the plaintiffs' costs should not be awarded on an indemnity basis. The court had to balance the obligation of parties to proceed with the case in an expeditious way against the consequences of the first defendant's non-compliance.

The court found that the first defendant's failure to comply with the disclosure order had placed an undue burden on the plaintiffs and delayed the proceedings. The court held that the first defendant should be required to pay the plaintiffs' costs of the disclosure application on an indemnity basis. The court emphasised the importance of parties proceeding with the case in an expeditious way and the consequences of non-compliance with court orders.

The court ordered that the first defendant pay the plaintiffs' costs of the application for disclosure filed on 4 February 2025 on an indemnity basis.