Younan v GIO General Limited (ABN 22 002 861 583) (No. 2)

In the matter of Younan v GIO General Limited (ABN 22 002 861 583) (No. 2), the Federal Court was called upon to adjudicate on an application for costs. The plaintiff, Mr Younan, sought an adjournment of the hearing of an application for indemnity costs against both the plaintiff and a non-party, Mr Raymond Younan. The defendant, GIO General Limited, opposed the adjournment and sought an order that the plaintiff and Mr Raymond Younan be jointly and severally liable for the defendant's costs on an indemnity basis.

The legal issues before the court were whether the plaintiff's and Mr Raymond Younan's application for an adjournment of the hearing of the application for indemnity costs should be granted, and if not, whether the plaintiff and Mr Raymond Younan should be jointly and severally liable for the defendant's costs on an indemnity basis. The court considered the circumstances in which the application for an adjournment was made, and the consequences of granting or refusing the adjournment on the parties' costs.

The court found that the application for an adjournment should be refused, as the plaintiff's and Mr Raymond Younan's reasons for seeking an adjournment were not sufficient. The court held that the plaintiff and Mr Raymond Younan were jointly and severally liable for the defendant's costs on an indemnity basis. The court noted that the plaintiff and Mr Raymond Younan had acted unreasonably in pursuing the indemnity costs application, and that it was appropriate to make an order for indemnity costs to deter such conduct in the future. The court also held that the defendant's costs should include the costs of investigating claim 7811004845, the costs of the adjournment application, and the costs of the defendant's notice of motion.

The court made orders dismissing the plaintiff's and Mr Raymond Younan's application to adjourn the hearing of the application for indemnity costs. The court also ordered that the plaintiff and Mr Raymond Younan be jointly and severally liable for the whole of the costs payable to the defendant by the plaintiff as set out in order 2 of the orders of 29 June 2012. The court further ordered that the defendant's costs were to be assessed and payable by the plaintiff and Mr Raymond Younan on an indemnity basis, and were to include the costs of investigating claim 7811004845, the costs of the adjournment application, and the costs of the defendant's notice of motion.