Non party’s liability for costs

1165 Stud Road v Power & Ors (No 2) [2015] VSC 735

The Supreme Court of Victoria set out a detailed explanation of where a non-party is exposed to liability for costs. The Court demonstrated a real willingness to make that type of order against non-party stakeholders whose role justifies liability for costs on an order. In the subject case the Court:

(i)              made a cost order against an individual who was both director of the plaintiff and its solicitor, partly on an indemnity basis; and
(ii)             declined to make an order against the director of the unsuccessful plaintiff or against several lawfirms for the unsuccessful plaintiffs.

Further, the Court indicated that a plaintiff being insolvent was a significant factor in favour of making an award against a non-party.

If you have any further questions, or for further information, please contact:

David Burstyner
Principal
M +61 411 072 743  |  T +61 3 9611 0137
Level 5, 707 Collins Street, Melbourne, 3008, Victoria, Australia
dburstyner@adleyburstyner.com.au