Tredrea and Geller & Ors

In the matter of *Tredrea and Geller & Ors*, heard before Berman J, the applicant sought to oppose an order for costs made in favour of the respondents. The respondents, in turn, sought costs on an indemnity basis.

The central legal issue before the Court was whether the circumstances warranted the award of indemnity costs against the applicant. This required the Court to consider the threshold for such an award, particularly in relation to the applicant's conduct and the nature of the proceedings.

Berman J determined that the applicant's conduct did not meet the criteria for indemnity costs, finding that the proceedings were neither frivolous, malicious, nor vexatious, and were within the usual scope of matters encountered by the Court. Consequently, the Court ordered that the applicant pay the respondents' costs on a party/party basis. The applicant was ordered to pay the sum of $32,838 within 90 days, with interest to accrue on any outstanding amount thereafter. The respondents' application for indemnity costs was otherwise dismissed.